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By purchasing LiveOfficeSites, the
individual or the organization identified as the Subscribing
Organization in the registeration process will be assigned
a unique free URL, and its authorized members who have
each completed the Member registration form ("Members")
will have access to our free intranet applications and
web hosting, and our other services as described in
these Terms of Service. LiveOffice provides services
to the Subscribing Organization and its Members expressly
subject to the following Terms of Service, which we
may update at any time with or without notice. The Subscribing
Organization and its Members can review the current
version at http://www.LiveOfficeSites.com.
THESE TERMS GIVE THE SUBSCRIBING
ORGANIZATION, ITS MEMBERS AND LIVEOFFICE, INC. CERTAIN
RIGHTS AND RESPONSIBILITIES. IN THE EVENT OF ANY CHANGE
TO THESE TERMS, THE SUBSCRIBING ORGANIZATION'S OR MEMBER'S
FAILURE TO PROMPTLY DISCONTINUE USE OF THE LIVEOFFICESITE
WEBSITE WILL BE DEEMED TO INDICATE ITS ACCEPTANCE OF THESE
TERMS AND AGREEMENT TO BE BOUND BY SUCH CHANGES. BY COMPLETING
THE REGISTRATION PROCESS OR FORM AND CLICKING THE "I
ACCEPT" CHECKBOX, THE SUBSCRIBING ORGANIZATION AND
ITS MEMBERS AGREE TO:
(A) MAKE THE REPRESENTATIONS IN
SECTION 17,
(B) ACCEPT AND AGREE TO BE BOUND
BY THESE TERMS AND ANY SUCH CHANGED PROVISIONS, WITHOUT
LIMITATION OR QUALIFICATION,
(C) AGREE TO REGULARLY REVIEW THESE
TERMS TO ENSURE THAT THEY ARE INFORMED OF ALL SUCH MODIFICATIONS
AND ADHERE TO THEM, AND
(D) AGREE THAT IT IS THEIR SOLE
RESPONSIBILITY TO ENSURE THAT THE E-MAIL ADDRESSES FOR
ACCOUNT ADMINISTRATOR(S) ON THEIR LiveOfficeSites ACCOUNT
ARE LEGITIMATE AND CORRECT, TO PROMPTLY UPDATE ALL SUCH
E-MAIL ADDRESSES, AND TO CHECK MESSAGES TO SUCH ADDRESSES
FREQUENTLY IN ORDER TO REVIEW ANY NOTICES RECEIVED FROM
LIVEOFFICE, INC.
1. DESCRIPTION OF SERVICES; STATEMENT
OF INTENDED USE
LiveOffice, Inc. will provide each Subscribing Organization
a LiveOfficeSites account and access to our LiveOffice
intranet applications, and to any optional fee-based
premium services and our other services available from
time to time (collectively, the "Services").
The Services, all information, products and services
contained or described in the Services, may be accessed
and used by the Subscribing Organization solely for
purposes of establishing and maintaining an intranet
for internal use. LiveOffice, Inc. may at any time Terminate
the Services or any feature, or the Subscribing Organization's
or it's Members' access as provided in Sections 4 and
5 hereof. All changes to the Services will be subject
to these Terms.
2. REGISTRATION; ACCOUNT ADMINISTRATOR(S)
To establish an LiveOfficeSites and LiveOffice intranet
account, the Subscribing Organization must complete
the LiveOfficeSites subscription process. To become
a Member, an individual must be specifically be identified
by the Subscribing Organization, obtain its specific
permission to access the same, and complete the Member
registration form. The Subscribing Organization and
its Members must provide accurate and complete information
during the LiveOfficeSites subscription process and
promptly update the Subscription Information so that
it is always accurate and complete. The person who completes
the LiveOfficeSites subscription will be considered
the administrator for the LiveOfficeSites and LiveOffice
account, and exercises certain options to initially
determine the level of privacy and security for these
accounts. For example, s/he will determine which Members
of the Subscribing Organization will have access to
these accounts and their Services and the level of privileges
that each Member will possess. The Administrator may
designate other Members as additional and/or successor
Administrators, and is responsible for confirming that
such person(s) accept such responsibility. Upon a change
or addition of Administrators, each person(s) involved
will be deemed to agree to the obligations of an Administrator
hereunder. All notices from LiveOffice, Inc. to the
Subscribing Organization will be given to the current
Administrator(s) at the e-mail address(es) given during
the subscription and/or Administrator addition processes.
All notices and information sent by LiveOffice, Inc.
to other Members will be sent to their individual email
addresses.
3. REGISTRATION CODE; PASSWORD;
SECURITY
Upon subscribing, the Subscribing Organization will
be given a default username and password. It is the
responsibility of the Subscribing Organization to change
the default username and password and maintaining the
confidentiality of each. The Subscribing Organization
will notify LiveOffice, Inc. immediately of any known
or suspected unauthorized use, activities or disclosure
of their username and password, or any other breach
of security. LiveOffice, Inc. will not be liable for
any failure by the Subscribing Organization or its Members
to comply with this Section 3 or any other provision
of these Terms.
4. TERMINATION
LiveOffice, Inc., in its sole discretion, may terminate,
cancel, suspend, limit, discontinue, and/or deactivate
(temporarily or permanently) all or any part of the
Services, registration code, any username, password,
any part or all of LiveOfficeSites, and/or the Subscribing
Organization's and/or its Members' access to and use
of any part or all of their personally identifiable
information (collectively, "Personal Information"),
Registration Information, account Information, the Services
and/or the LiveOfficeSites, and/or their rights under
these Terms (all of the foregoing rights and actions
to "Terminate" or a "Termination"),
all at any time, with or without cause and for any reason,
including without limitation if (a) LiveOffice, Inc.
believes that the Subscribing Organization or a Member
has violated or is threatening to violate these Terms
or other policy of LiveOffice, Inc., its Third Party
Providers or applicable law, has misused or is threatening
to misuse the Services, or has conducted or is threatening
to conduct any fraudulent, abusive, or illegal activity,
(b) LiveOffice, Inc. believes that the Subscribing Organization
or any of its Members has accessed or is attempting
to access any part of the Services or Content without
authorization, or LiveOfficeSites, or Registration,
account or Personal Information of any other Subscribing
Organization, (c) the Subscribing Organization assigns
its rights to the Services, (d) LiveOffice, Inc. discontinues
the Services or any part thereof for any reason, or
(e) LiveOfficeSites is not accessed or used as described
in Section 5 of these Terms.
A Termination described in Section
4(e) hereof will be made as provided in Section 5 hereof
. A Termination described in Section 4(a), (b), (c),
or (d) may be made with or without notice and will be
effective immediately. In the event of Termination,
LiveOffice, Inc. may remove and/or permanently delete
from its servers all of the Subscribing Organization's
and its Members' Account Information, Registration Information
and Personal Information and all backup copies, provided
that LiveOffice, Inc. will first give notice of its
intent to do so. LiveOffice, Inc. will provide the Subscribing
Organization a period of not more than 30 days to download
and/or remove all the Account Information. This will
be LiveOffice, Inc.'s sole obligation following any
Termination described in this Section 4(a), (b), (c),
or (d). At the expiration of such period, LiveOffice,
Inc. may (but will not be required to) remove from its
servers and/or permanently delete all such Information
and/or all backup copies thereof, without further notice
and without any liability of LiveOffice, Inc. to the
Subscribing Organization, its Members or any third party.
Notwithstanding anything in these Terms to the contrary,
if LiveOffice, Inc. reasonably believes that the Subscribing
Organization or any of its Members has violated or is
threatening to violate applicable law or the provisions
of Section 4(b) or has conducted or is threatening to
conduct any fraudulent, abusive, or illegal activity,
LiveOffice, Inc. may, without any notice, refer the
Subscribing Organization and/or its Members to appropriate
law enforcement agencies, refuse to permit the Account
Information to be downloaded and/or removed, and/or
immediately remove and/or permanently delete the Account
Information, Registration Information and/or Personal
Information as otherwise provided herein. If a Subscribing
Organization or its Members are the subject of a Termination
described in this Section 4, they may not re-register
for or continue to use the Services in any manner or
for any reason. If the Subscribing Organization wishes
to terminate its LiveOfficeSites Account and use of
the Services, its only recourse is to discontinue the
use of the same. For information on this procedure,
see our Privacy Statement at http://www.liveoffice.com.
The provisions of Sections 13 and 14 will survive any
Termination under Section 4 or 5 and any discontinuance.
5. FAILURE TO USE LiveOfficeSites
If none of the Subscribing Organization or its Members
access LiveOfficeSites for a period of at least 45 days,
LiveOffice, Inc. reserves the right to Terminate. If
LiveOffice, Inc. elects to Terminate, it will give notice
which will indicate that if the account continues to
be dormant for an additional period of at least 30 days
(this additional period is the "Dormancy Period"),
LiveOffice, Inc. will have the right to Terminate. If
none of the Subscribing Organization or its Members
access LiveOfficeSites during the first 15 days of the
Dormancy Period, then LiveOffice, Inc. will give the
Site Administrator(s) a final notice. This notice will
provide a period of 15 days in which the Subscribing
Organization may re-activate its LiveOfficeSites Account
by accessing the same or may download and/or remove
all the Site Information. This will be LiveOffice, Inc.'s
sole obligation for any Termination described in this
Section 5.
IF THE SUBSCRIBING ORGANIZATION DOES
NOT REACTIVATE ITS LiveOfficeSites ACCOUNT AND WHETHER
OR NOT IT HAS DOWNLOADED AND/OR REMOVED ITS SITE INFORMATION,
AT ANY TIME AFTER THE EXPIRATION OF THE DORMANCY PERIOD
LIVEOFFICE, INC. MAY TERMINATE, EFFECTIVE IMMEDIATELY
AND WITHOUT ANY FURTHER NOTICE. IN SUCH CASE, IT MAY
(BUT WILL NOT BE REQUIRED TO) REMOVE FROM ITS SERVERS
AND/OR PERMANENTLY DELETE ALL SITE INFORMATION, REGISTRATION
INFORMATION AND/OR PERSONAL INFORMATION OF THE SUBSCRIBING
ORGANIZATION AND ITS MEMBERS AND/OR ALL BACKUP COPIES
THEREOF, WITHOUT ANY LIABILITY OF LIVEOFFICE, INC. TO
THE SUBSCRIBING ORGANIZATION, ITS MEMBERS OR ANY THIRD
PARTY.
6. ACCESS TO SERVICES; SUPPORT;
THIRD PARTY PROVIDERS; RIGHTS
LiveOffice, Inc. will provide the means for using LiveOfficeSites.
We will make commercially reasonable efforts to ensure
that the quality of the service we provide is of at
least prevailing industry standards, and that access
to the LiveOfficeSites is available on a 24 x 7 basis.
However, although LiveOffice, Inc. will use all reasonable
efforts in good faith to avoid interruption of the Service,
the Subscribing Organization acknowledges and agrees
that access to the Services, LiveOfficeSites and LiveOfficeSites
Information may be unavailable from time to time for
any reason, including without limitation, interruption
of major network connectivity, network and server outages,
and backup and regular maintenance by LiveOffice, Inc.
and any operators of our servers.
We offer free and fee-based support
alternatives. These include free online help, free email
support for all Members of a Subscribing Organization,
and a telephone support hotline for a per-incident fee.
To use the Services, the Subscribing
Organization and its Members must obtain and pay any
fees for access to the World Wide Web and provide all
equipment necessary to make such connection, including
a computer and modem or other access device. The Subscribing
Organization and its Members may access the Services
and the Site only by means of the interface provided
by LiveOffice, Inc. Although the Services and LiveOfficeSites
website are generally accessible worldwide, access may
not be available to all persons or in all locations.
LiveOffice, Inc. reserves the right to limit access
to the LiveOfficeSites website or the Services by any
Subscribing Organization, Member, or person, or from
any location.
The Services contain links to other
World Wide Web sites of LiveOffice, Inc.'s partners,
affiliates, sponsors, advertisers, and providers of
content or services to LiveOffice, Inc. in delivering
the Services or to its Subscribing Organizations as
part of the Services (collectively, "Third Party
Providers") and to other resources and sites (all
such sites collectively, "Linked Sites").
Such links are provided for the convenience of the Subscribing
Organization and its Members only, and are not reviewed,
monitored or controlled by LiveOffice, Inc. LiveOffice,
Inc. does not endorse, is not responsible for and makes
no representation or warranty concerning the reliability
or availability of these Linked Sites or the accuracy,
reliability, completeness or authenticity of their contents,
advertising or products, and is not responsible for
webcasting or any transmission received from any Linked
Site. Use of Linked Sites is subject to the privacy
policies, terms of service and other conditions applicable
to such Sites. All linking to Linked Sites is at the
sole risk of the Subscribing Organization and its Members.
Any concerns regarding any Linked Site or its content,
products or services should be directed to the administrator
or webmaster of such Linked Site.
All materials published by LiveOffice,
Inc. and its Third Party Providers, including but not
limited to text, graphics, names, logos, service marks
and trademarks, and information contained on any Linked
Sites (collectively, the "Content") are the
property of or controlled by LiveOffice, Inc. or the
party credited as the provider of the Content. The Subscribing
Organization and its Members will respect all proprietary
rights of LiveOffice, Inc. and its Third Party Providers
in and to the Content, Site Name, Services, and Site,
any products or other services obtained therefrom.
7. STORAGE LIMITATIONS
Free storage space for the Subscribing Organization
is currently limited to 26MB, and it may be impossible
to store some data or LiveOfficeSites Information due
to space constraints. The Subscribing Organization agrees
that LiveOffice, Inc. is not responsible or liable for
any insufficient storage capacity or the deletion or
failure to store data or information.
8. PRIVACY
LiveOffice, Inc. respects the privacy of its Subscribing
Organizations and Members. Please read our Privacy Statement
at http://www.liveoffice.com which forms part of these
Terms.
9. SUBSCRIBING ORGANIZATION'S AND
MEMBERS' RESPONSIBILITIES
All Site Information, Subscription Information, Personal
Information and other information stored, publicly posted
or privately transmitted through the Services by the
Subscribing Organization or its Members, the confidentiality
and privacy of all of the same, and all uses of the
Services and LiveOfficeSites by the Subscribing Organization
and its Members are their sole responsibility. Without
limitation, the Subscribing Organization and its Site
Administrator(s) are responsible for monitoring the
contents, use of and access to LiveOfficeSites and all
such Information, and use of and access thereto by Members
who are minors.
Without limitation, the Subscribing
Organization agrees that it and its Members will use
the Services and LiveOfficeSites only in accordance
with these Terms, and will not use them to:
a. upload, store, post, link to, email
or otherwise transmit, distribute, publish or disseminate
any Information, Content or other information (i) that
is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, objectionable
or libelous, or promotes such activity; (ii) that (or
the transmission, distribution, publication or dissemination
of which) infringes any patent, trademark, trade secret,
copyright, or other rights or proprietary rights of
any party, violates any contractual or fiduciary relationships
(such as inside, proprietary or confidential information);
(iii) that is harmful to minors; or (iv) that contains
software viruses, trojan horses, worms, time bombs,
cancelbots or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecom-munications
equipment or circumvent any "copy-protect"
devices, any other harmful or disruptive program, or
any warez, cracks, hacks, associated utilities or other
piracy related information;
b. provide inaccurate, incomplete,
outdated or misleading Subscription Information or e-mail
addresses, create a false identity or manipulate identifiers
to mislead or to disguise the origin of any information
stored on LiveOfficeSites or transmitted through the
Services, or impersonate or otherwise misrepresent any
affiliation with any person or entity;
c. modify, use, download, publish,
upload, post, transmit, transfer, sell, reproduce, create
new or derivative works from, license, distribute, perform,
display, broadcast, exploit or otherwise copy any portion
of the Services, or any Content, or any products or
other services (including software) obtained therefrom,
or permit access to the same by any unauthorized person
or entity;
d. interfere with or disrupt any advertising,
"banner ads", links or click-through URLs
provided through LiveOfficeSites, the Services, or servers
or networks connected to LiveOfficeSites or the Services,
or violate the regulations, policies or procedures of
such servers or networks, or interfere with another
Subscribing Organization's or Member's use and enjoyment
of the Services;
e. attempt to gain unauthorized access
to the Services, Content, other Sites, Registration
Information, Site Information or Personal Information,
or other computer systems, servers or networks connected
to LiveOfficeSites or the Services; or
f. violate (intentionally or unintentionally
) any applicable local, state, national or international
law or regulation, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission,
any rules of any securities exchange of any jurisdiction,
laws regarding the transmission through the Services
of technical data or software exported from the United
States and/or the country(ies) in which the Subscribing
Organizations and/or its Members reside, and laws and
regulations regarding online conduct and acceptable
content of the Subscribing Organization's and its Members'
transmissions.
LiveOffice, Inc. does not monitor
any information transmitted through LiveOfficeSites,
or use thereof except to the limited extent permitted
in these Terms or the Privacy Statement http://www.liveoffice.com,
but we have the right (but not the obligation) to delete,
move or edit and to require the Subscribing Organization
to delete, move or edit any Subscription, LiveOfficeSites
or Personal Information that violates the same. The
Subscribing Organization must evaluate and bear all
risks associated with use of any Account Information
and any other information or products obtained from
using LiveOfficeSites and its Services, including any
reliance on the accuracy, completeness or usefulness
thereof.
10. ANTI-SPAM POLICY
LiveOffice, Inc. does not condone or allow spam. The
Subscribing Organization and its Members may not use
LiveOfficeSites or its Services, Content, LiveOffice,
Inc. name or servers, to email or otherwise transmit,
distribute, publish or disseminate any unsolicited advertising,
survey, promotional materials, "junk email,"
"spam, " "chain letters," "pyramid
schemes," or any other form of solicitation or
duplicative or unsolicited messages (commercial or otherwise)
with respect to the Sites, Site Information or any other
business, product or service, and may not use the Site
Name as the return address on any unsolicited communication.
We encourage Subscribing Organization
and its Members to help us enforce this policy. To report
a violation, contact us at info@LiveOfficeSites.com.
As provided in the Privacy Policy at http://www.liveoffice.com,
Inc., LiveOffice, Inc. will cooperate with legal authorities
in releasing information about Subscribing Organizations
and Members who violate this Anti-Spam Policy.
11. BACKUP
LiveOffice, Inc. regularly backs up Site Information
stored on the Site, and stores the same for a limited
time. Subject to the limitations set forth in Sections
4 and 5 hereof, upon the Subscribing Organization's
request and payment of the then-current fee, we will
make reasonable efforts to restore LiveOfficeSites Information.
LiveOffice, Inc. will have no liability for any failure
to back up or restore such LiveOfficeSites Information,
or for interruptions, delay or suspension of access
to or inavailability of LiveOfficeSites, Subscriptionor
Personal Information, or any loss of such Information,
data or transmissions.
12. WARRANTY INFORMATION AND
DISCLAIMERS
THE SERVICES, CONTENT, LiveOfficeSites, THIS WEBSITE,
LINKED SITES, SERVERS, STORAGE FACILITIES, AND ALL INFORMATION,
SERVICE AND PRODUCTS ADVERTISED, PURCHASED, OBTAINED OR
ACCESSED THROUGH THEM OR ANY THIRD PARTY PROVIDER (COLLECTIVELY,
THE "MATERIALS") ARE PROVIDED "" AND
"AS AVAILABLE" AND WITHOUT REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT
PERMITTED BY LAW, LIVEOFFICE, INC. EXPRESSLY DISCLAIMS
ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING,
BUT NOT LIMITED TO (A) WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS, (B) ANY WARRANTIES THAT THE MATERIALS
WILL MEET THE SUBSCRIBING ORGANIZATION'S OR ITS MEMBERS'
REQUIREMENTS OR EXPECTATIONS, OR WILL BE RELIABLE, TIMELY,
QUICK, CONSISTENT, SECURE, COMPLETE OR FREE OF ERRORS,
INACCURACIES, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL
COMPONENTS, OR (C) ANY WARRANTIES CONCERNING THE USE OR
THE RESULTS OF USE OF ANY OF THE MATERIALS.
THE SUBSCRIBING ORGANIZATION ASSUMES
TOTAL RESPONSIBILITY AND RISK FOR ITS AND ITS MEMBERS'
USE OF THE MATERIALS. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL LIVEOFFICE,
INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES)
ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) PERFORMANCE,
USE, INABILITY TO USE, MISUSE OR PROVISION OF THE MATERIALS,
OR ANY FAILURE, DELAY, INTERRUPTION, SUSPENSION, CHANGES
OR TERMINATION THEREOF, OR THE COST OF PROCURING SUBSTITUTES
THEREFOR, (B) ANY ACTION TAKEN IN RESPONSE TO OR AS
A RESULT OF ANY CONTENT OR INFORMATION IN THE MATERIALS,
(C) FAILURE TO BACKUP OR STORE, LOSS OF ACCESS, DELETION
OR UNAUTHORIZED ACCESS TO OR ALTERATION OR USE OF THE
MATERIALS OR THE SUBSCRIBING ORGANIZATION'S OR MEMBERS'
TRANSMISSIONS, DATA, OR PERSONAL, SUBSCRIPTION OR ACCOUNTINFORMATION,
(D) ANY LOSS OR INTERRUPTION OF DATA, TRANSMISSIONS
OR PERSONAL, REGISTRATION OR ACCOUNT INFORMATION RESULTING
FROM NETWORK, SERVER OR SYSTEM OUTAGES, FILE CORRUPTION
OR ANY OTHER REASON, (E) ANY INFRINGEMENT OF RIGHTS
(INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY
RIGHTS), (F) STATEMENTS OR CONDUCT OF ANY PARTY USING
THE MATERIALS, OR (G) ORDER FULFILLMENT, CUSTOMER SERVICE,
BILLING OR ACCOUNT COLLECTION BY A THIRD PARTY PROVIDER,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF LiveOffice, Inc. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
SUBSCRIBING ORGANIZATION'S AND ITS MEMBERS' SOLE REMEDY
IS TO DISCONTINUE USE OF THIS WEBSITE, THE SITE AND
THE SERVICES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS
AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO THE SUBSCRIBING ORGANZIATION AND/OR ITS MEMBERS.
13. INDEMNITY
The Subscribing Organization and its Members agree to
indemnify and hold LiveOffice, Inc., its parents, subsidiaries,
affiliates, officers, employees, sponsors and partners
harmless from any claim, loss, cost, expense, demand,
or damage, including reasonable attorneys' fees, arising
directly or indirectly out of (a) the Subscribing Organization's
or its Members' use of or connection to the Services,
this Website, LiveOfficeSites, or the Materials, (b)
Site Information or other information transmitted or
stored by the Subscribing Organization or its Members
through or on the Site or the Services, (c) activities
in connection therewith, or (d) the Subscribing Organization's
or its Members' breach of this Agreement or violation
of the rights of any other party.
14. PROPRIETARY RIGHTS
The Services, this Website, and all Content, and all
trademarks described in Section 19 hereof, including
but not limited to all material distributed or presented
to the Subscribing Organization or its Members through
the Services by LiveOffice, Inc. or its Third Party
Providers or on the Linked Sites, and all rights and
intellectual property rights therein, are the sole property
of LiveOffice, Inc., or its Third Party Providers, and
are protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Any comments,
suggestions or ideas or other information submitted
to LiveOffice, Inc. through this Website, in writing,
by e-mail or otherwise to LiveOffice, Inc. will be the
property of LiveOffice, Inc. and LiveOffice, Inc. will
have all rights therein without any obligation to compensate
the Subscribing Organization or its Members. All Site
Information will remain the sole property of the Subscribing
Organization, its Members or any party with rights therein.
Any rights not expressly granted herein are reserved.
15. MISCELLANEOUS
The Subscribing Organization agrees that no joint venture,
partnership, employment, or agency relationship exists
between the Subscribing Organization or its Members
and LiveOffice, Inc. as a result of these Terms or use
of or access to the Services, Content or LiveOfficeSites.
These Terms and the relationship among the Subscribing
Organization, its Members and LiveOffice, Inc. are governed
by and construed in accordance with the laws of Commonwealth
of Massachusetts and the United States of America without
regard to conflict of law provisions. The Subscribing
Organization and its Members hereby consent to the personal
and exclusive jurisdiction and venue of the state and
federal courts located in Suffolk County, Massachusetts,
U.S.A. in all disputes arising hereunder or out of or
relating to the use of or access to the Services, Content
or Site, and waive any jurisdictional, venue or inconvenient
forum objections to such courts. Use of or access to
the Services, Content and LiveOfficeSites is not authorized
in any jurisdiction that does not give effect to all
provisions of these Terms. If any part of these Terms
is determined by a court to be invalid, unenforceable
or contrary to applicable law, then such provision will
be deemed replaced by a valid, enforceable provision
that most closely matches the intent of the original
provision and the other provisions of these Terms will
remain in force and effect.
These Terms incorporate by reference
all notices and policies contained on this Website,
and cons-titute the entire agreement between the Subscribing
Organization, its Members and LiveOffice, Inc. with
respect to this Website, the Services, Content and LiveOfficeSites,
and supersede all prior or contemporaneous communications,
whether electronic, oral or written, between the Subscribing
Organization, its Members and LiveOffice, Inc. with
respect to this Website, the Services, Content and LiveOfficeSites.
Any failure of LiveOffice, Inc. to exercise or enforce
any right or provision of these Terms will not constitute
a waiver of such right or provision. The Subscribing
Organization and LiveOffice, Inc. agree that regardless
of any statute or law to the contrary, any claim or
cause of action arising out of or related to these Terms
or the Services, Content or LiveOfficeSites must commence
within one (1) year after the cause of action arose;
otherwise, such cause of action is permanently barred.
16. REPRESENTATIONS OF SUBSCRIBING
ORGANIZATION
By registering and accepting these Terms, the initial
Site Administrator on behalf of the Subscribing Organization
and all its Members, and each Member on its individual
behalf, hereby represents and warrants to LiveOffice,
Inc. that: a. s/he is the duly authorized Site Administrator
or Member of the Subscribing Organization and has the
authority and legal capacity to register and accept
these Terms on behalf of the Subscribing Organization
and to bind the Subscribing Organization thereto, and/or
to register and accept the same on his/her own behalf
and to be bound thereby; b. all Members are at least
18 years of age, or are at least thirteen (13) years
of age and have parental permission to use and access
the Services; c. (i) the Subscribing Organization and
its Members are eligible to establish a LiveOfficeSites
Account and to become Members, (ii) the Subscribing
Organization and its Members accept and agree to be
bound by these Terms, and the Subscribing Organization
will take all steps necessary to ensure that its Members
so accept and are bound by the same, without limitation
or qualification, and (iii) the Subscribing Organization
and Members will regularly review these Terms, and in
the event of any change, the Subscribing Organization's
or Member's failure to promptly discontinue use of the
Services and LiveOfficeSites as provided in Section
4 hereof will be deemed to indicate the agreement of
the Subscribing Organization, on its own behalf and
on behalf of its Members, and of its Members to accept
and be bound by such changes.
17. NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should
be sent to Matt Smith, LiveOffice, Inc., 2780 Skypark Drive, Suite 300, Torrance, CA 90505; (800) 251-3863;
email: matts@advisorsquare.com
18. COPYRIGHT AND TRADEMARK INFORMATION
All trademarks, service marks and logos used in this
Website are the property of their respective owners.
All contents of this Website are the property of LiveOffice,
Inc., and/or its suppliers.
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