Lifetime Health Diary™ technology and services can help you live a healthier life. We hope you enjoy using our service!

1. Your Agreement with Lifetime Health Diary™

Your use of Lifetime Health Diary™, www.lifetimehealthdiary.com (the “Site”) and associated websites, is governed by this Agreement. You agree to bound by these Terms of Use. “We”, “us”, or “our” refer to Lifetime Health Diary Limited, a New Zealand company located at Level 1 Upstart House, 333 Princes St, Dunedin, New Zealand, and its subsidiaries and affiliates.

2. This Site Does Not Provide Medical Advice.

All information and material on this Site are for informational purposes only, and are not substitute for professional medical advice or treatment. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition. If you think you may have a medical emergency, call your doctor, hospital or ambulance service immediately. Never delay or disregard professional medical advice because of something you have read on this site. Reliance on any information provided by the site is solely at your own risk.

3. Your Account and Use of Lifetime Health Diary™

All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading. You shall not create false accounts with the intent to deceive or mislead. You are responsible for your passwords and for any use of your account.

Members shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Use of any automated process or service (such as a BOT, a spider, periodic caching of Lifetime Health Diary™ information) is prohibited. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, denial-of-service attacks or any other computer program intended to damage of detrimentally interfere with or exploit any system, data or personal information. Members shall not interfere with other members’ use and enjoyment of Site. Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

4. Use of Your Information

If you create, transmit, or display health and wellness or other information while using Lifetime Health Diary™, you may only do so with information that you own or have the right to use. The privacy of your personal information is paramount. We may only use health information you provide as permitted by the Lifetime Health Diary™ Privacy Policy.

5. Content and Services Accessed Through Lifetime Health Diary™

Lifetime Health Diary™ may include content that you find offensive, including health-related content that is sexually explicit. Lifetime Health Diary™ may make third-party services available. You may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it. Lifetime Health Diary™ does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through Lifetime Health Diary™. Use of these services and content is solely at your own risk. Lifetime Health Diary™ may not be held liable for any damages arising out of or related to your use of any third-party service or content.

The Site content and services may link you to other web sites or information, software, data, or other contents on or off the Internet, or through featured or sponsored sites. We have not reviewed the contents that may be reached by such links and we are not responsible for such content. Your linking to any other pages on other sites is at your own risk. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.

6. Lifetime Health Diary™ Proprietary Rights

Lifetime Health Diary™ and its affiliates own all proprietary rights to Lifetime Health Diary™. Lifetime Health Diary™ gives you a personal, revocable, non-assignable, and non-exclusive license to use Lifetime Health Diary™. Without Lifetime Health Diary™ prior permission you agree not to display or use Lifetime Health Diary™ logo, service names, trademarks or other Lifetime Health Diary™ related product and service names. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Lifetime Health Diary™ in any way except for your own personal, non-commercial use unless otherwise agreed in writing with Lifetime Health Diary™.

7. Modifications to This Agreement

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.

8. Membership Termination

If you violate any of the terms of this Agreement, your permission to use Lifetime Health Diary™ and its associated services automatically terminates. We may place limits on, modify, or terminate your right to access and use Lifetime Health Diary™ and its associated services at any time. This suspension or termination may result in deleted information, files, and other previously available information.

9. Indemnity

You agree to release, indemnify and keep indemnified Lifetime Health Diary™ from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Lifetime Health Diary™ from any person arising out of or in connection with your failure to comply with these Terms of Use or your use of Lifetime Health Diary™ and associated services.

10. No Warranties

Lifetime Health Diary™ is provided on an “as-is”, “with all faults”, and “as available” basis. We do no guarantee the timeliness, completeness or performance of Lifetime Health Diary™ or any of the Site content. Neither we nor any of our affiliates make any express warranties, and we and each of them disclaims all implied warranties, including warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement. Neither we nor any of our licensors make any warranty that content or services satisfy government regulations.

11. Limitation of Liability

Under no circumstances shall Lifetime Health Diary™, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, punitive, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained or the services provided on the Site.

12. International Users

Lifetime Health Diary™ makes no claims that information on the Site is appropriate or may be downloaded outside of New Zealand. You are solely responsible for adherence to the laws of the country from which you are accessing Lifetime Health Diary™. If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country or area in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Information that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable New Zealand law and our Privacy Policy. If you are a non-New Zealand user, you acknowledge and agree that Lifetime Health Diary™ may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction.

New Zealand law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.

If Lifetime Health Diary™ provides a translation of the English language version of this Agreement, the English language version of this Agreement will control if there is any conflict.

13. Governing Law, Venue and Dispute Resolution

Where any dispute arises, you (or your representative) and a representative of Lifetime Health Diary™ will communicate and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion. You will not commence any court or arbitration proceedings relating to this Terms of Use (“Dispute”) unless you have first complied with this Disputes Resolution section.

This Agreement is governed by New Zealand law. The exclusive venue for any dispute relating to this Agreement is Dunedin, New Zealand. You hereby submit to the jurisdiction of the courts of Dunedin, New Zealand.

14. General

This agreement is the entire Agreement between you and us relating to Lifetime Health Diary™ and replaces any prior Agreements unless such prior or subsequent Agreement explicitly provides otherwise and specifically references this Agreement. If there is any conflict between this Agreement and a signed written Agreement between you and us related to Lifetime Health Diary™, the signed written agreement will control.

Our affiliates may be third-party beneficiaries to this Agreement pursuant to our Agreements with them. To the extent our affiliates are third-party beneficiaries to this Agreement, the rights and protections provided to us hereunder inure to their benefit. There are no other third-party beneficiaries to this Agreement. The parties are independent contractors, and nothing in this Agreement creates an agency, partnership, or joint venture.