Effective Date: October 1, 2018
Welcome to Life360 Innovations Holdings Inc. and the Contino® Suite of Products. These Terms of Service contain important information you should have when you purchase Life360 products or services from Life360 or through a Contino® Authorised Clinic and/or visit Life360innovations.com, myContino.com, Contino.ca, myContino.ca, life360innovations.ca, Contino.eu, myContino.eu.com, myContino.eu, myContino.co.uk, Contino.jp, Contino.mx and any of our other web sites (collectively the Site), (collectively the Service(s)).
These Terms of Service contain a Disclaimer of Warranties and a limitation of Liability, which limit the claims you can make against Life360 and the types and amount of damages you can recover from Life360.
Not applicable to residents of the province of Québec to which the Consumer Protection Act (Québec) applies: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. Any such changes will become effective no earlier than fourteen (14) days after they are posted or notice is sent, as applicable, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Access and Use of the Service
1. Services Description: The Service is designed to sell our Contino® Suite of Products to you by means of the subscription plan you select or individual replacement Products. We aim to make that process efficient and easy for you.
Your Obligations Regarding Your Subscription: By placing an order for the Contino® Suite of Products, you represent and warrant that you have a valid personal health requirement to use the Contino® Suite of Products that you are ordering and that the information you provide is accurate and complete. You further agree that you will timely renew your subscription and use the Services in accordance with the instructions for use (IFUs), the product labeling and the instructions provided to you by the Contino® Authorised Trainer
Life360 may require you to submit your original cash sale receipt for the Services to verify you have been trained by a Contino®Authorised Clinic (and any other necessary information) to renew your subscription and obtain replacement copies of the IFUs. By submitting your order, you consent to Life360 (i) collecting relevant health information related to the use of the Services and/or (ii) contacting the Contino® Authorised Trainer that provided the Services to obtain such information. Additionally, it is your responsibility to ensure you are using and providing a valid contact information including an email address and contact phone number.
2. Not applicable to residents of the province of Québec to which the Consumer Protection Act (Québec) applies: Modifications to Service: Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
3. Mobile Services: To the extent you access the Site through a mobile device, your wireless service carrier’s charges, data rates and other fees may apply, and you will be responsible for all those fees.
Conditions of Use
Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
You agree that you must evaluate, and bear all risks associated with, the use of the Services, any content, including any reliance on the accuracy, completeness, or usefulness of such content.
2. User Conduct: In the course of using the Services, you agree to not:
(a) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, IFUs or regulations of networks connected to the Service; or
(b) violate any applicable local, state, provincial, national or international law, or any regulations having the force of law, or any guidelines, policies, rules, codes or similar directives of any governmental entity or agency (collectively, “Applicable Law”);
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) reverse engineer, disassemble or de-compile the Service; or
(e) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
The reselling of Contino® Suite of Products you purchase is strictly prohibited unless you are specifically authorised to do so.
3. Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide us information regarding your credit card. You represent and warrant to us that such information is true and that you are authorised to use the credit card concerned. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. You hereby authorize Life360 to bill your credit card in advance on a periodic basis, in accordance with the subscription plan you select, until you terminate your account, and you further agree to pay any charges so incurred, including but not limited to, any charges due at the time of termination for product ordered and shipped but not returned prior to termination. If you dispute any charges you must advise Company within sixty (60) days after the date that Company charges you. We reserve the right to change Company’s prices. If Life360 does change prices, we will notify you of the change in an email to you, at least 30 days before the change is to take effect. Should you want to refuse the amendment and cancel your subscription with Company, you can do so without cost, penalty or cancellation indemnity by sending Life360 a notice to that effect no later than 30 days after the change comes into force. Life360 may lower the price of our Life360 Contino® Suite of Products or other products and we will also notify you should that occur.
4. Commercial Use: Unless otherwise expressly Authorised herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only.
5. Delivery: Your Contino® Suite of Products will be delivered by United Parcel Service, other courier services or Canada Post.
6. Return Policy: It is important to us is that you are satisfied with the Service. But if that is not the case, as long as you have not opened the mailing box in which your Contino® suite of products were shipped, you may return them for any reason up to 15 days after you received them for a full refund of the product cost (i.e., excluding shipping and handling costs), less a $50.00 restocking fee. If you have opened the package, you may return the products to receive a refund up to $100 per unopened Contino®, a urethral insert, to a maximum of the applicable cash sales receipt less the $50.00 restocking fee. You may also have additional rights to terminate your agreement with us and return your Contino® Suite of Products under Applicable Law.
Finally, in the unlikely event that any of the Contino® Suite of Products you receive are defective, or are in an open mailing package, you may return those defective Contino® Products to Life360 at any time for a full refund (i.e., including shipping and handling costs), with no restocking fee, by following the instructions in our Limited Warranty.
If you are not satisfied with the Service or your Contino® Suite of Products please reach out to us at support@Life360innovations.com or +1 (833) 543 3311 and give us a chance to make you a satisfied client.
Intellectual Property Rights
1. Service Content, Products, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (Service Content), including but not limited to Life360 Innovations, Contino®, Contino®Authorised Clinic, Contino® Authorised Trainer that are protected by copyright, patent, trade-mark, trade secret or other proprietary rights and laws. Except as expressly Authorised by Life360, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Life360 from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically Authorised herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith (the Software) is the property of Life360, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software of Services. Any rights not expressly granted herein are reserved by Life360.
The Company names (including its business/trade names) and logos displayed in connection with the Services are trade-marks and service marks of Company (collectively, the Company Trademarks). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Life360. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks, including but not limited to Life360 Innovations, Contino®, Contino®Authorised Clinic, Contino® Authorised Trainer without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.
2. User Content Transmitted Through the Service: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (Submissions), provided by you to Life360 or a Contino®Authorised Clinic are non-confidential and you will and do hereby grant to Life360 a perpetual non-exclusive license for the unrestricted use and dissemination of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you (and subject only to Life360’s obligation to protect your privacy). You represent and warrant to Life360 that you have rights sufficient to provide the Submissions to Life360 for the uses described above. You will and do hereby waive in full of your moral rights in and to the Submissions.
You acknowledge and agree that Life360 may preserve Submissions and may also disclose Submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Life360, its users and the public. You understand that the technical processing and transmission of the Service, including your Submissions, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Certain of our Services, including the purchase of any products or subscriptions offered by us, may be subject to payments now or in the future (the Paid Services), which in certain cases may include recurring, automatically renewing payment obligations (as further described in the “AUTO-RENEWALS AND RECURRING BILLING FOR SUBSCRIPTION PLANS AND OTHER SUBSCRIPTION SERVICES” section below). Please see our FAQ for a description of the current Paid Services, our shipping terms, and cancellation and refund policies. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Service.
You may place an order for Paid Services by contacting us directly at Life360 or through a Contino®Authorised Clinic. An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms of Service, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us. Your order will not be considered accepted until we have received payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received.
Our Service, including, without limitation, our Paid Services, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose. The rights you have under these Terms of Service are personal to you and are non- transferable.
Please note that we cannot offer refunds, exchanges or customer service for products that have been acquired from an unauthorised reseller, including, but not limited to, any seller on Amazon, eBay or similar online marketplaces.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
AUTO-RENEWALS AND RECURRING BILLING FOR SUBSCRIPTION PLANS AND OTHER SUBSCRIPTION SERVICES
Some of the Paid Services, such as the purchase of the Contino by subscription or other products, may consist of an initial period for which there is a one-time charge or a Trial Offer (as defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products (Subscription Services). The Subscription Services specify how regularly you will receive an order for the auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. More information on Subscription Services can be found at our FAQ page. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. All recurring payments relating to Subscription Services are fully earned upon payment.
To change or cancel your Subscription Services at any time, call us at 833- 543-3311, or email us at email@example.com or contact your Contino®Authorised Clinic. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.
WE MAY SUBMIT PERIODIC CHARGES (E.G., QUARTERLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, CONTACT US AT THE EMAIL ADDRESS OR TOLL-FREE NUMBER LISTED ABOVE.
CHANGE IN AMOUNT AUTHORISED
If the amount to be charged to your Billing Account varies from the amount you pre-authorised (other than due to the imposition or change in the amount of national or international taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
REAFFIRMATION OF AUTHORIZATIONYour non-termination or continued use of a Paid Service (including, without limitation, Subscription Services) reaffirms that we are authorised to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Paid Service.
FREE TRIALS AND OTHER PROMOTIONS
Any free trial or other promotion that provides access to a Paid Service (a Trial Offer) must be used within the specified time of the Trial Offer. You will be required to have a valid Payment Method on file in order to initiate a Trial Offer. You must stop using a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at firstname.lastname@example.org. Trial Offers are one-time only for new customers. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of these Terms of Service.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Life360 has no control over such sites and resources and is not responsible for and does not endorse such sites and resources, including but not limited to any medical professionals. You further acknowledge and agree that Life360 will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties, including other medical professionals, found while using the Service are between you and the third party, and you agree that Company is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold Life360 and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, liabilities, damages, expenses, including reasonable legal fees, rights, claims, actions of any kind and injury (including death) (collectively, Damages) arising out of or relating to your use of the Service, any Service Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT AS SET OUT IN THESE TERMS OF SERVICE AND AS PERMITTED BY APPLICABLE LAWS, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS SET OUT IN THE SECTION ABOVE TITLED “RETURN POLICY”, COMPANY MAKES NO WARRANTY AND THERE ARE NO CONDITIONS THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
Not applicable to residents of the province of Québec to which the Consumer Protection Act (Québec) applies:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IN LAW OR EQUITY, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE AND/OR RETURN THE PRODUCT CONCERNED IN ACCORDANCE WITH COMPANY’S RETURN POLICY PRESCRIBED ABOVE.
Not applicable to residents of the province of Québec to which the Consumer Protection Act (Québec) applies: Description of Products: Company makes every effort to provide accurate descriptions of the products sold through the Service. However, we do not make any warranties or representations as to whether those descriptions or any other content on the Service are accurate, current or free from error. If you believe that a product you purchased on the Service is other than as Company describes, your sole remedy is to return it in unused condition for a refund of the monies paid for the product concerned as provided in the Return Policy set forth above in these Terms of Service.
You agree that Life360, in its sole discretion, may suspend or terminate your subscription (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of the Service under any provision of these Terms of Service may be affected without prior notice, and acknowledge and agree that the Company may immediately cancel your subscription and all related information and files in your customer registry and/or bar any further access to the Service. Further, you agree that the Company will not be liable to you or any third party for any termination of the Service.
These Terms of Service (and, in the event you use the Services to purchase products, the additional information disclosed to you as part of the purchasing process) constitute the entire agreement between you and Life360 and govern your use of the Service, superseding any prior agreements between you and the Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services.
Arbitration notice and Class action Waiver: Except for certain types of as governed by Small Claims Court, you agree that a dispute between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Not applicable to residents of the province of Québec to which the Consumer Protection Act (Québec) applies: These Terms of Service will be governed and construed in accordance with the laws of the Province of British Columbia without regard to its conflict of law provisions and the parties hereto irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Vancouver, BC Canada. The parties expressly disclaim the application of the United Nations Convention for the International Sale of Goods.
No waiver of or consent to depart from the requirements of any provision of these Terms of Service shall be binding against Life360 unless it is in writing and is signed by the Company. The failure of the Company to exercise, and any delay of Life360 in exercising, any of its rights hereunder, in whole or in part, shall not constitute or be deemed a waiver or forfeiture of such rights, neither in the specific instance nor on a continuing basis. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. The invalidity or unenforceability of any provision of these Terms of Service or any covenant herein shall not affect the validity or enforceability of any other provisions or covenants hereof or herein and any such invalid provision or covenants shall be deemed to be severable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within two (2) years after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Company, but the Company may assign or transfer these Terms of Service, in whole or in part, without restriction. The division of these Terms of Service into sections and the section titles are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. If not already specified, references to “include” or “including” in each case shall be deemed to be followed by the words “without limitation” (or similar words) and the terms “include” and “including” shall not be construed to limit any general statement which they follow to the specific or similar items or matters immediately following such terms.
Promotional coupons and/or other incentive programs have no cash value and cannot be redeemable for cash and cannot be combined with any other offers. Limit one coupon per order. Coupon codes and other similar promotional incentives generally expire within 30 days after their date of generation, but certain promotional incentives may have their own redemption period as specified in connection with the item itself. The unauthorised reproduction, re-sale, modification or trade of coupon codes or similar items are prohibited. Life360 reserves the right to change or limit promotional incentives in its sole discretion.
The parties acknowledge that they have required this agreement to be written in English. Les parties aux présentes reconnaissent qu’elles ont exigé que la présente entente soit rédigée en anglais.
Questions? Concerns? Suggestions?
Please contact to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service at:
Life360 Innovations Inc.,
1200 - 555 West Hastings Street Vancouver, BC, V6B 4N6
Attention: Robert Orr, President & CEO