ILiveInspired.com’s TERMS OF SERVICE
WELCOME TO ILiveInspired.com (the “Site”)! In this Service Agreement
("Agreement"), "you" and "your" refer to each user
of the Site
("Customer") and its agents, and "we", "us" and
"our" refer collectively to Live Inspired, LLC doing business as
iliveinspired.com ("Company"). This Agreement explains our
obligations to you, and your obligations to us in relation to the Service (as
defined below).
By accessing or viewing the Site,
you (I) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND
(II) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. USERS
UNDER 18 YEARS OF AGE REQUIRE PARENTAL PERMISSION.
1. Description of Service
Company provides online discussion
forums, member to member interaction, member to author interaction, and SMS
content delivery to certain compatible mobile devices (the
"Service"). You acknowledge and agree that SMS content delivered to
you by Company is for your personal use on the mobile device designated during user/membership
registration. You agree that you may not transmit, broadcast, upload to any
computer or undesignated mobile device, create derivative works of, or make
commercial use of the Service, including, but not limited to, any SMS content.
You may not (or attempt to or otherwise authorize, encourage or support others
attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or
interfere with the Service, including, but not limited to, any SMS content.
2. Access to Service
(a) Access to the Service. In order
to use the Service, you must have internet access and a mobile communications
subscription with a participating carrier or otherwise have access to a mobile
communications network for which Company makes the Service available as well as
any carrier services necessary to download content, and pay any service fees
associated with any such access. In addition, you must provide all equipment
and software necessary to connect to the Service, including, but not limited
to, a mobile hand set or other mobile access device that is in working order
and suitable for use in connection with the Service. You are responsible for
ensuring that your equipment and/or software do not disturb or interfere with
Company's hardware, software, website, or operations. Any equipment or software
causing interference shall be immediately disconnected from the Service and
Company shall have the right to immediately terminate this Agreement. If any
upgrade in or to the Service requires changes in your equipment or software,
you must effect these changes at your own expense. Unless otherwise expressly
provided herein, any new or additional features that augment, enhance, or
modify the current Service, including the release of new products and services, shall be subject to the terms and conditions of
this Agreement.
(b) Service Plans. COMPANY is
offering its SMS content delivery services as part of the iliveinspired.com
community experience. Access to the Service can be provided by delivering to
you SMS content of the community category you joined.
(c) Interruptions or Discontinuation
of Service. Company reserves the right at any time and from time to time to
modify the Service, or portions thereof, with or without notice to you.
(d)
Third Party Products and Services. WE WILL NEVER SEND YOU SMS ADVERTISING FOR
THIRD PARTY PRODUCTS AND SERVICES. We may make available or provide access to
products and services of independent third parties either directly or via links
to websites operated by such third parties. Such products or services shall be
purchased and/or obtained directly from such third party. You acknowledge and
agree that COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY
TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES
OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR
SERVICES OF THIRD PARTIES. Because we do not have any control over
third party sites, you acknowledge and agree that we are not responsible for
the content of the sites or the availability, accuracy, completeness, efficacy,
or timeliness of information contained on those sites. Use of those sites or
any information obtained from those sites is voluntary, and reliance on such
information should only be undertaken after an independent review of its
accuracy, completeness, efficacy and timeliness.
(e)Gift Codes.
Redemption of a gift code binds Customer to all provisions of this Agreement.
(f) License to SMS content. You
acknowledge and agree that the SMS content made available as part of the
Service are owned by Company, its affiliate and/or licensors, as applicable,
and are protected by intellectual property laws. Company hereby grants, and you
hereby accept, a limited, non-exclusive, non-transferable, non-sublicensable, revocable
license to download and access the Service on a designated compatible mobile
device solely for your own personal non-commercial use. You further acknowledge
and agree that you may not reproduce, modify, display, perform, transfer,
distribute, sell, create derivative works of or otherwise use or make available
the SMS content, except as expressly provided in this Agreement.
You agree to be bound by our Privacy Policy You
acknowledge that Company may collect and process "personal
information"(i.e. information that could be used to contact you, such as
full name, postal address, phone number or e-mail address), "financial
information" (i.e. credit card numbers, bank account information or
passwords) or "demographic and usage information" (i.e. information
that you submit, or that we collect, that is neither personal information nor
financial information but necessary for the proper functioning and billing of
our service, such as the date regarding the start and end and the extent of
your usage of the service), in connection with the Service. We may pass on your
personal information, financial information and or demographic and usage
information to your mobile phone service provider to secure collection of fees
and such information collected by Company may be stored and processed in the
United States or any other country in which Company or its agents maintain
facilities. By using the Service, you consent to any such transfer of
information outside of your country.
4. Indemnification
You agree to release, indemnify,
defend and hold harmless Company, its parent company, subsidiaries, affiliates,
officers, directors, shareholders, contractors, agents, employees, licensors
and assigns from all liabilities, claims, damages, costs and expenses,
including reasonable attorneys' fees, made by any third party due to or arising
out of or in connection with (a) your use of the Service, and (b) the breach of
your obligations set forth herein.
5. DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITIES
YOU UNDERSTAND AND AGREE THAT YOUR
USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLEY AT
YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. While we make every
effort to present accurate and reliable information on the Site, we do not
guarantee the accuracy, completeness, efficacy, timeliness, or correct
sequencing of such information. In
addition, we have no duty to update the information contained on the Site, and
we are not liable to you for out-dated or incorrect information contained
herein. It also
is important for you to keep in mind that this Site and our Services are run on
software, hardware and networks, any component of which may require maintenance
or experience problems from time to time. Thus, we make no promises as to the
continued availability or the functionality of this Site or our Services. You alone will take responsibility for all information,
data, text and other content which you may contribute to the Site (including
without limitation on message boards and forums) or to other users by any
means, including by uploading, posting, emailing or transmitting. The Company does not control the content
posted via the Services and as such, does not guarantee the accuracy, integrity
or quality of such content. Under no
circumstances will Company be liable in any way for any content, including any
errors or omissions in any content, or for any loss or damage of any kind
incurred as a result of the use of any content posted, emailed or otherwise
transmitted via the Services. THIS SITE IS PROVIDED ON AN “AS IS” BASIS,
AND WE MAKE NO GUARANTEES OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY
EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, OR
SYSTEM INTEGRATION, WITH RESPECT TO THIS SITE OR THE INFORMATION CONTAINED ON
THIS SITE. WE DO NOT WARRANT THAT THE
SITE OR ACCESS THERETO WILL BE UNINTERRUPTED OR ERROR-FREE
EXCEPT IN JURISDICTIONS WHERE SUCH
PROVISIONS ARE RESTRICTED, YOU AGREE THAT COMPANY'S ENTIRE LIABILITY TO YOU OR
ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN
EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT
AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU
PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN
JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, COMPANY, ITS LICENSORS AND
CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE)
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS PROFITS OR LOSS OF DATA,
EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE
EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS
SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW IN SUCH STATE.
6. Intellectual Property Rights
Except as otherwise set forth
herein, all right, title and interest in and to any intellectual property,
proprietary rights or other rights related to intangible property which are
used, developed, comprising, embodied in, or practiced in connection with any
of the Service ("Company Intellectual Property Rights") are owned by
Company or its licensors, and you agree to make no claim of interest in or
ownership of any such Company Intellectual Property Rights. The LIVE INSPIRED and ILIVEINSPIRED name and logo are
trademarks of Live Inspired, LLC. Any
other
trademarks or service marks mentioned on this Site are the trademarks or
registered trademarks of their respective owners. References on our Site to any specific
commercial product, process, or service by trade name, trademark, service mark,
manufacturer, or otherwise does not constitute or imply endorsement,
recommendation, or favoring by the Company. Moreover, such third parties do not endorse,
sponsor, and are not affiliated with the Company.
You acknowledge that no title to the
Company Intellectual Property Rights is transferred to you, and that you do not
obtain any rights, express or implied, in the Service, other than the rights
expressly licensed in this Agreement.
7. Fees
You agree to pay Live Inspired, LLC
for the Service you select in accordance with the fees in effect at the time of
your order. All fees are subject to change upon notice from Company. Company
will provide you with reasonable notice of such change. All fees are due
immediately and are non-refundable, except as otherwise expressly noted.
8. Termination and Cancellation of
Services
To cancel your subscription plan,
reply to any SMS message with the word STOP or send the word STOP to 36213 or
send an email to support@iliveinspired.com . Company
shall not be required to refund any fees already collected for Service. You
agree that Company, at its sole discretion, may at any time terminate your use
of the Service or individual services provided via the Service and/or change
its content offering made available through the Service, if you remain in
breach of this agreement for more than 7 days from notice of such breach.
Company may cancel all or any of the Services (or individual services provided
via the Services) or if Company believes that you have violated this Agreement
or any part thereof. You agree that upon termination of your access to the
Service under any provision of this Agreement, Company may immediately deactivate
or delete your membership account and all related information and files in your
account and/or bar any further access to such files or the Service. Further,
you agree that Company shall not be liable to you or any third party for any
termination of your access to the Service.
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9 . Customer
Service: Company provides assistance and guidance through its support email
address, support@iliveinspired.com. Please direct any questions to this
address. |
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10 . Subscriptions;
Charges on Your Billing Account.
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11. Message board/forum rules.
Violation of any of the
following rules constitutes grounds for immediate termination of your access to
the Services without further notice, at Company’s sole discretion:
Rule
#1: You will not transmit unsolicited e‑mails, which can be characterized
as promotional or sales material, to other users of the Site or Services.
Rule #2:
You will not engage in fraudulent activity of any kind, including by forging
information, impersonating other people, contributing information which you
know to be false, or misrepresenting your affiliation with any person or
entity.
Rule
#3: You will not use the Services in any manner that may be considered objectionable
to other users and will not use the Services to upload, post, email, link to,
or otherwise transmit any content that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous,
invasive of another’s privacy, hateful or racially, ethnically or otherwise
objectionable.
Rule #
4: You will not harass, threaten or
abuse any other person when using the Services or Site in any manner.
Rule #5:
You will not violate or attempt to violate the security of the Site, use any
device, software or routine to interfere or attempt to interfere with the
proper working of the Site, or take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Violations of this sort
will be prosecuted to the fullest extent of state and federal laws.
Rule #
6: You will comply with all applicable laws, statutes, ordinances and
regulations regarding your use of the Services and will not use the Services
for unlawful purposes.
Rule #
7: You will not upload any screen names
of e-mail addresses, or collect personal information for any commercial use or
unlawful purposes.
Rule #
8 You will not upload, email, post or
otherwise send or transmit any content which you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements).
Rule #9: You will not post, upload, email, link to, or
otherwise transmit any content that contains any viruses, cancel bots, Trojan
horses, harmful code, or other computer software or program designed to
interrupt, destroy or limit the functionality of the Services or impair users’
ability to enjoy the Services, or the proper functioning of any software or
hardware or equipment or materials used in connection with the Site.
Rule # 10: You will not infringe, misappropriate, or
otherwise violate any existing national or international copyright, trademark,
service mark, trade name or other intellectual property or proprietary rights
of any person or entity whatsoever.
Rule
#11: You will not give your password to
anyone, use any Service as the agent of a third party, or allow any third party
to use your account.
Rule
#12: You are at least eighteen (18)
years of age.
Rule #
13: You will not violate any other term or condition contained in this
Agreement
12. Miscellaneous Provisions
(a) Notices And
Announcements. Except as expressly provided otherwise herein, all notices to Company
shall be in writing and delivered via overnight courier or certified mail,
return receipt requested to:
Live Inspired, LLC
Company shall serve notices related
to this contract by posting them on the Website or by sending them to the
postal address or e-mail address you have given to Company or as a text message
to your mobile telephone number associated with your account. Notices sent by
mail shall be deemed received seven days after they were sent. Notices posted
on the Website or sent by e-mail or as a text message shall be deemed received
on the weekday following the day when they were posted or sent.
(b) Severability. You agree that the
terms of this Agreement are severable. If any term or provision is declared
invalid or unenforceable, in whole or in part, that term or provision will not
affect the remainder of this Agreement; this Agreement will be deemed amended
to the extent necessary to make this Agreement enforceable, valid and, to the
maximum extent possible consistent with applicable law, consistent with the
original intentions of the parties; and the remaining terms and provisions will
remain in full force and effect.
(c) Entire Agreement. You agree that
this Agreement constitutes the entire, complete and exclusive agreement between
you and us regarding the Service and supersede all prior agreements and
understandings, whether written or oral, or whether established by custom,
practice, policy or precedent, with respect to the subject matter of this
Agreement. This Agreement may be revised from time to time, in which case notice
of revision will be posted on the Site.
Thus, we encourage you to check the Site periodically. You may not modify this Agreement without our
express written agreement.
(d) Assignment And
Resale. Your rights and obligations under this Agreement are not assignable or
transferable. You agree not to resell the Service or any portion thereof.
(e) Governing Law. This Agreement
and any disputes hereunder shall be governed in all respects by and construed
in accordance with the laws of the
(f) Waiver. No waiver of any
provision of this Agreement shall be effective unless it is in writing and signed
by an authorized representative of Company. The remedies of Company under this
Agreement shall be cumulative and not alternative, and the election of one
remedy for a breach shall not preclude pursuit of other remedies. The failure
of Company, at any time or from time to time, to require performance of any
obligations of you shall not affect its right to enforce any provision of this
Agreement at a subsequent time, and the waiver of any rights arising out of any
breach shall not be construed as a waiver of any rights arising out of any
prior or subsequent breach.
(g) Headings. The section headings
appearing in this Agreement are inserted only as a matter of convenience and in
no way define, limit, construe or describe the scope or extent of such section
or in any way affect such section.
(h)
DMCA Notice. If you believe that your work has been copied in a manner
that constitutes copyright infringement, you must provide our copyright agent,
designated below, with the following information: (a) a physical or electronic
signature of the person authorized to act on behalf of the owner of the
copyright interest that is allegedly infringed; (b) a description of the
copyrighted work that you allege has been infringed; (c) a description of the
allegedly infringing material that is to be removed or disabled and the
location of such material on our Site; (d) your contact information, including
your address, telephone number, and email address; (e) a statement by you that
you have a good faith belief that the use of the material complained of is not
authorized by the copyright owner, its agent, or the law; and (f) a statement
by you, made under penalty of perjury, that the information in your notice is
accurate and that you are authorized to act on behalf of the owner whose
exclusive right allegedly is infringed. Such notice should be sent to
Dana O. Lynch, Whiteford Taylor Preston LLP, Copyright Agent for Baltimore Live Inspired, LLC:
(a) by mail, to, Seven Saint Paul Street, Baltimore, MD 21202-1636;
(b) by facsimile to 410.223.3483;
(c) by phone to 410.347.8703; or
(d) by email, to, dlynch@wtplaw.com.
(i) Survival. In the event this
Agreement is terminated, Sections 2(d),2(f), 4, 5, 6,
7, 8, 10, 11, and 12 of this Agreement shall survive such expiration or
termination.