These TERMS OF SERVICE (hereinafter “Agreement”) are entered into between each User (hereinafter “User”) and Live The List Nonprofit, a Montana public benefit charitable organization (EIN 46-4237394) formed under the laws of the State of Montana with an address of 1627 W Main St #257, Bozeman, MT, 59715 (hereinafter “Provider”) (the User and Provider are hereinafter each referred to individually as a “Party” and are also referred to collectively as “Parties”). This Agreement is effective as of the earliest date that the User accesses the Service through the Website (hereinafter “Effective Date”).
- “User” refers to each party that creates at least one Login to access the Service or that otherwise accesses the Website.
- “Login” refers to any information associated with a User, such as a user name and password, or the like, that allows the User to access portions of the Service that are not otherwise available to the User.
- “Service” may include, among other things, Live The List sponsorships or other Inspired Life services made available to the User through the Website and/or through any other communicative means including but not limited to email, phone, and the like. The Service may include allowing the User to access information and content on the Website.
- “Website” refers to the website www.livethelist.org, , and any other website, which the Provider utilizes to implement the Service.
SERVICE & PAYMENT
- The Service may be changed from time to time at the Provider’s sole discretion.
- The User may not transfer its Login to any other party. The User shall provide no Login to, and shall allow no party to access the Service, using the User’s Login. The User shall notify the Provider immediately of any known access of the Service by any third party using the User’s Login.
MATERIALS, SOFTWARE, & Intellectual Proprty (IP)
- Materials. The User recognizes and agrees that: (i) all materials provided through the Service, including but not limited to videos, audio clips, text, photos, graphics, and the like, are the property of the Provider or its affiliates, licensors, and the like, and are protected by copyright, trademark, trade secret, patent, and/or other intellectual property laws; and (ii) The User does not acquire any right, title, or interest in or to the materials through this agreement except the limited and temporary right to use them as necessary for their use of the Service.
- IP in General. The Provider retains all rights, titles, and interests in and to the Service. Any intellectual property rights thereof, worldwide, including without limitation to all materials provided, in whatever form, on the Website, any software used to provide the Service, and all logos and trademarks reproduced through the Service, including without limitation to the terms LIVE THE LIST. This Agreement does not grant to the User any intellectual property rights in or to the Service and in or to any components or materials accessed through the Website.
- The User shall not copy, publish, upload, post, transmit, distribute or in any way modify any materials accessed or obtained through the Service, except that the User may download one copy of such material on a single computer for personal, non-commercial use, provided any copyright, trademark, author attribution and other proprietary notices and legends are not altered or removed.
EACH PARTY’S WARRANTIES
- User’s Identity. The User warrants: (i) that it has accurately identified itself through its Account and will maintain the accuracy of such identification; and (ii) that it is an individual 18 years or older.
- Right to Do Business. Each Party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
- Disclaimers. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THE PROVIDER MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED OR ARISING FROM A COURSE OF DEALING, USAGE, TRADE OR PRACTICE, INCLUDING WITHOUT LIMITATION TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
- The Provider makes no warranty that the Service will not be interrupted, hindered or otherwise negatively affected at times by software or other issues of any kind. The Provider makes no warranty that there will be 100% uptime of the Service or the Website or that there will not be interruptions to the Service.
- The Provider does not warrant that material on the Website will be complete and accurate or that it will not contain typographical errors, technical inaccuracies, and the like. The Provider assumes no liability or responsibility for errors or omissions in the content of the Website.
- The User warrants that the User shall not use the Website, the Service, any content, information, or software related thereto for any purpose that is unlawful or prohibited by this Agreement.
- The User agrees to indemnify and hold the Provider and its subsidiaries, parents, affiliates, officers, directors, agents, employees, and the like, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the User’s breach of this Agreement or the User’s violation of any law or the rights of any third party.
- LIMITATION OF LIABILITY. IN NO EVENT: (a) WILL THE PROVIDER’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID BY THE USER TO THE PROVIDER FOR THE SERVICE; AND (b) WILL THE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF THE PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF THE USER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this section, the Provider’s liability will be limited to the maximum extent permissible.
- The User’s use of the Service and/or the Website is at the USER’S OWN RISK. The Provider shall not be liable for any damages to, or viruses that may infect, any computer equipment or other property on account of the User’s or any other person’s access to, use of, browsing of the Website, downloading of any material, data, text, images, video or audio from the Website, or any other use of the Website or of the Service. The Provider shall not be liable for any incidental or consequential damages, lost profits, lost data, indirect damages, or the like, even if the Provider has been informed of the possibility thereof.
- The Website may contain links to third party sites. The Provider does not endorse any content, items, services, or the like, of any such third party sites. The User accesses such third party sites, including the content, items, or services, solely at the User’s own risk. The Provider makes no representations or warranties with respect to the content, personal information collection practices, ownership or legality of any such third party sites. The User agrees that the Provider bears no responsibility or liability for the availability of such third party sites or for the content, advertising, products or other materials available through the third party sites. The User agrees that, to the maximum extent permitted by law, the Provider shall not be liable to the User for any loss or damage suffered by the User as a result of linking to any third party site.
- MEDICAL WARNING, DISCLAIMER AND RELEASE. THE USER WARRANTS THAT THE USER HAS CONSULTED WITH A PHYSICIAN REGARDING THE USER’S POTENTIAL USE OF THE SERVICE, PRIOR TO BEGINNING THE SERVICE, AND THAT THE PHYSICIAN CONSENTS TO THE USER’S USE OF THE SERVICE. THE CONTENT OF THE WEBSITE AND ANY INFORMATION OTHERWISE OBTAINED BY THE USER THROUGH THE SERVICE IS PROVIDED FOR INFORMATION PURPOSES ONLY AND THE USER USES SUCH INFORMATION AND CONTENT AT THE VOLUNTARY, SOLE RISK OF THE USER. The Provider does not guarantee the accuracy of, or assume any liability for, the content of articles, product descriptions, or the like, or any other materials on or accessed through the Website, or any other information obtained by the User through the Service. The Provider does not guarantee or warrant any specific test, product, or procedure presented or described on or accessed through the Website or otherwise obtained by the User through the Service. RELIANCE UPON ANY INFORMATION OR USE OF ANY PRODUCTS PRESENTED ON OR ACCESSED THROUGH THE WEBSITE OR OTHERWISE DISCLOSED THROUGH THE SERVICE IS AT THE SOLE RISK OF THE USER. NEITHER THE CONTENT ON, OR ACCESSED THROUGH, THE WEBSITE, NOR ANY INFORMATION OR ADVICE RECEIVED BY THE USER THROUGH THE SERVICE, SHOULD BE RELIED UPON FOR MEDICAL DIAGNOSIS, TREATMENT OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE PROVIDER IS NOT ENGAGED IN THE RENDERING OF MEDICAL ADVICE OR SERVICES. THE USER WARRANTS THAT THE USER SHALL NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING SUCH ADVICE IN RESPONSE TO CONTENT ON, OR ACCESSED THROUGH THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE SERVICE. THE USER RELEASES AND RELIEVES, AND AGREES TO RELEASE AND RELIEVE THE PROVIDER OF ANY AND ALL LIABILITY FOR ANY INJURIES, CLAIMS OR DAMAGES ARISING OUT OF THE USER’S USE OF THE SERVICE.
- Products and services offered through the Website or the Service are only offered in jurisdictions where they may be legally offered.
- The Website’s content is not a substitute for direct, personal, professional medical care and diagnosis. The Provider and its employees, officers, directors, and the like, are not medical professionals. Any advice or information on the Website or otherwise provided through the Service should be cleared with your physician prior to use.
- There may be risks associated with participating in activities mentioned on the Website or otherwise through the Service, for people with both known and unknown conditions, or in poor health. Because these risks exist, the User agrees to not participate in such services if the User is in poor health or has a pre-existing mental or physical condition. If the User chooses to participate in these risks, the User does so of the User’s own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities.
- Testimonials, case studies, and examples found at the Website or otherwise provided through the Service may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. The Provider is not responsible for any errors or omissions in typical results information supplied by manufacturers or other third parties.
- The User agrees that any and all claims for gross negligence or intentional tort shall be settled solely by confidential binding arbitration per the American Arbitration Association’s commercial arbitration rules. All arbitration shall occur in Maricopa County, Phoenix, Arizona, and Arizona law shall govern. Arbitration fees and costs shall be split equally regardless of the outcome. The User is solely responsible for the User’s attorney fees.
- Cancellation. The User may cancel or terminate the subscription through the Website or the User may provide notice of cancellation or termination to the Provider by emailing the Provider from the “Contact Us” page of the Website with the subject line “CANCELLATION” and providing the User’s username in the body of the email.
- Termination for Cause. Either Party may terminate this Agreement for material breach by written notice, effective within 30 days, unless the other Party first cures such breach.
- Effects of Termination. Following any termination, the User will no longer have access to features of the Members Area of the Website.
- Commissions. If the Website links to a product or service, the User agrees that the Provider may get paid a commission if the User purchases the product or service through the Website link.
- Secure Shopping. If the User’s computer or web browser does not support a level of security required at any time by the Provider or its servers, or any third party provider or its servers, the Provider may deny the User the ability to make one or more purchases, of any product or service, through the Website or Service. By non-limiting example, this may include a level of security that supports Secure Sockets Layer (SSL) technology.
- Notices. The Provider may send notices pursuant to this Agreement, by email, to any of the User’s email addresses associated with the User’s Account, and such notices will be deemed received the day after they are sent. The Provider may send notices pursuant to this Agreement, other than by email, to any of the User’s physical addresses associated with the User’s Account, and such notices will be deemed received three (3) days after they are sent.
- Amendment. The Provider may amend this Agreement from time to time by posting an amended version on the Website. The User’s continued use of the website following the effective date of an amendment, without giving written notice of rejection to the Provider, will confirm the User’s consent to the amendment. This Agreement may not be amended in any other way except through a written agreement executed by Authorized Representatives of each Party. Neither the course of conduct between the Parties nor trade practice shall act to modify this Agreement.
- No Waiver. Neither Party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an Authorized Representative; and, (ii) in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement. The Provider’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
- Force Majeure. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
- Assignment & Successors. The User may not assign this Agreement or any of its rights or obligations, hereunder, without the Provider’s expressed written consent. The Provider may assign any of its rights and duties under this Agreement to any party at any time without notice to the User. Except to the extent forbidden in this section, this Agreement will be binding upon and inure to the benefit of the respective successors and assignments of the Parties.
- Choice of Law & Jurisdiction. This Agreement will be governed solely by the laws of the State of Montana, without reference to such State’s principles of conflicts of law. The Parties consent to the personal and exclusive jurisdiction of the federal and state courts of Montana over any legal proceeding directly or indirectly arising out of or relating to the Website, the Service or this Agreement.
- Any cause of action or claim the User may have with respect to the Website or the Service must be commenced within one (1) year after the claim or cause of action arises.
- Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such a provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
- Certain Notices. Pursuant to 47 U.S.C. Section 230(d), the Provider hereby notifies the User that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist in limiting access to material that is harmful to minors. Information regarding providers of such protections may be found on the Internet by searching “parental control protection” or similar terms.
- Entire Agreement. This Agreement sets forth the entire agreement of the Parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither Party has relied upon any such prior or contemporaneous communication.
THE USER HAS READ, UNDERSTANDS AND AGREES TO THE TERMS & CONDITIONS OF THIS AGREEMENT.