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 LiveOffice
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 LiveOffice 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 LiveOffice and LiveOffice intranet account, the Subscribing
Organization must complete the LiveOffice 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 LiveOffice subscription
process and promptly update the Subscription Information so that it is always
accurate and complete. The person who completes the LiveOffice subscription
will be considered the administrator for the LiveOffice 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 LiveOffice, 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 LiveOffice, 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 LiveOffice, 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)
LiveOffice 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 LiveOffice 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 LiveOffice
If none of the Subscribing Organization or its Members access LiveOffice 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 LiveOffice 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 LiveOffice 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 LiveOffice 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 LiveOffice. 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
LiveOffice 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, LiveOffice and LiveOffice 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 LiveOffice
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 LiveOffice 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 LiveOffice 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 LiveOffice 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 LiveOffice 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 LiveOffice 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 LiveOffice 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 LiveOffice, the Services, or
servers or networks connected to LiveOffice 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 LiveOffice 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 LiveOffice,
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, LiveOffice 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 LiveOffice 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 LiveOffice 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@LiveOffice.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
LiveOffice Information. LiveOffice, Inc. will have no liability for any failure
to back up or restore such LiveOffice Information, or for interruptions,
delay or suspension of access to or inavailability of LiveOffice, Subscriptionor
Personal Information, or any loss of such Information, data or transmissions.
12. WARRANTY INFORMATION
AND DISCLAIMERS
THE SERVICES, CONTENT, LiveOffice, 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, LiveOffice, 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 LiveOffice. 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
LiveOffice 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
LiveOffice, 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 LiveOffice. 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 LiveOffice 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 LiveOffice 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 LiveOffice
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 Corporate Affairs, LiveOffice,
Inc., 2780 Sky Park Drive., Suite 300, Torrance, CA 90505; (800) 251-3863;
email: support@liveoffice.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. |
