Terms & Conditions
Created: January 27, 2020
The Alive App is offered and available to users who are at least 16 years of age. By using this Alive App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Alive App.
Accessing the Alive App and Account Security
We reserve the right to withdraw or amend this Alive App, and any service or material we provide on the Alive App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Alive App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Alive App, or the entire Alive App, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Alive App.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Alive App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Intellectual Property Rights
The Alive App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials.
You must not:
- Modify copies of any materials from the Alive App.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Alive App.
You must not access or use for any commercial purposes any part of the Alive App or any services or materials available through the Alive App.
- In any way that violates 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 US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Alive App, or which, as determined by us, may harm the Company or users of the Alive App, or expose them to liability.
Additionally, you agree not to:
- Use the Alive App in any manner that could disable, overburden, damage, or impair the Alive App or interfere with any other party’s use of the Alive App, including their ability to engage in real time activities through the Alive App.
- Use any robot, spider, or other automatic device, process, or means to access the Alive App for any purpose, including monitoring or copying any of the material on the Alive App.
- Use any device, software, or routine that interferes with the proper working of the Alive App.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Alive App, the server on which the Alive App is stored, or any server, computer, or database connected to the Alive App.
- Attack the Alive App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Alive App.
Reliance on Information Posted
The information presented on or through the Alive App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information 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 Alive App, or by anyone who may be informed of any of its contents.
This Alive App may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Alive App
We may update the content on this Alive App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Alive App may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Alive App
Subscription Purchases and Other Purchase Terms and Conditions
We offer a subscription-based service to the content within the Alive App. These subscriptions can be purchased externally through an In-App Purchase. Examples of these include purchases made via an external App Store, such as the Apple App Store or Google Play Store.
You agree to the following provisions for use of the subscription based-service content within the Alive App:
- Any such purchase through an external App Store is
- subject to the terms, conditions, and other licensing of that App Store; and
- processed via the payment gateway used by the relevant App Store provider.
- You will directly take up with the App Store provider any payment-related issues you experience with the In-App Purchase or return requests.
- That subscriptions to the Alive App will be auto-renewed on the first day of the next billing period.
- The subscription fee will apply regardless of how much or how often you access or use the subscription.
- If subscription fees billed to your account are not processed for any reason We may suspend your subscription until payment is made in full
- We reserve the right to vary the fees billed for your subscription-based services from time to time, but only for the next and subsequent billing periods.
The following terms relate to cancellation of the Alive App subscription:
- You may cancel your subscription at any time.
- Unless you cancel at least 24 hours before the start of your next billing period, you will be charged for the next billing period.
- After cancellation, you will continue to have access to the Alive App for the remainder of your billing period.
- If your subscription is an In-App Purchase, you must disable the ‘auto-renew function,’ cancel your subscription in your device settings, and/or cancel through the relevant App Store.
- If We take action to collect any unpaid subscription fees from you, you will pay all costs (on a full indemnity basis) incurred in doing so.
- We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
- If you are dissatisfied for any reason, please contact our Support Team at AliveByWhitneyApp@gmail.com.
Links from the Alive App
To the extent, the Alive App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for 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 this Alive App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Alive App is based in the State of Utah in the United States. We make no claims that the Alive App or any of its content is accessible or appropriate outside of the United States. Access to the Alive App may not be legal by certain persons or in certain countries. If you access the Alive App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Alive App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 DEVICE, DEVICE APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ALIVE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ALIVE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.
YOUR USE OF THE ALIVE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ALIVE APP IS AT YOUR OWN RISK. THE ALIVE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ALIVE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ALIVE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE ALIVE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ALIVE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ALIVE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ALIVE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT PROVIDING MEDICAL ADVICE VIA THE ALIVE APP, AND THE CONTENTS PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES ARE NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH, ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR 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, THE ALIVE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE ALIVE APP 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 CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
This application is operated by Whitney Simmons App, LLC.
All feedback, comments, requests for technical support, and other communications relating to the Alive App should be directed to: AliveByWhitneyApp@gmail.com or PO Box 520400, Salt Lake City, Utah 84152