Terms
of Service & Disclaimer
These terms of service (these “Terms of Service”) govern
your use of all websites owned and made available by LeVive-Juice.net
(”LEVIVE”) including, without limitation, the website
you are on now (collectively, the “Site”). Please read
these Terms of Service carefully. By using the Site, you
are confirming that you have read and understand, and
agree to be bound by, these Terms of Service. If you do
not agree to these Terms of Service, you may not use the
Site.
Use
of information found on the Website, either personal or
otherwise, for any commercial purpose or to obtain direct
financial gain is prohibited, including but not limited
to chain letters, junk mail, spamming, solicitations (commercial
or non-commercial) or bulk communications of any kind
including but not limited to distribution lists to any
person who has not given specific permission to be included
in such a list.
Ownership
The Site and all content on the Site, including, without
limitation, text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like
(”Content”) and the LEVIVE word mark and the LEVIVE design
mark, as well as certain other of the names, logos, and
materials displayed on or through the Site that constitute
trademarks, tradenames, service marks or logos (”Marks”)
are owned by or licensed to LEVIVE and are subject to
copyright, trademark, and other intellectual property
rights under U.S. and international laws.
The
Site Does Not Provide Medical Advice Or Other Health Services
THE CONTENT PROVIDED BY THE SITE AND USE OF INFORMATION
OBTAINED BY USING THE SITE IS FOR INFORMATIONAL PURPOSES
ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL
MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT
YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH
ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR DIAL
911 IMMEDIATELY. LEVIVE DOES NOT ENDORSE, RECOMMEND, EVALUATE
OR GUARANTEE ANY SPECIFIC PHYSICIANS, PRODUCTS, PROCEDURES,
MEDICAL THEORIES, OR OTHER INFORMATION APPEARING IN THE
SEARCH RESULTS OR OTHERWISE ON THE SITE, AND HEREBY DISCLAIMS
ANY AND ALL LIABILITY RELATING TO ANY USE THEREOF. YOUR
ACCESS TO AND USE OF THE SITE AND THE CONTENT IS AT YOUR
OWN RISK.
Copyright
Act Compliance; Designated Agent
LEVIVE respects the intellectual property rights of others.
Upon proper notice, LEVIVE will remove Submissions or
other applicable content that violate copyright law and
terminate the accounts of repeat infringers.
Pursuant
to Title 17 of the U.S. Code, Section 512, LEVIVE has
implemented procedures for receiving written notification
of claimed copyright infringement and for processing such
claims in accordance with such law. If you believe your
work has been copied in a way that constitutes copyright
infringement, please send LEVIVE’s copyright agent a notification
of claimed infringement with all of the following information:
-
identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works are
covered by a single notification, a representative list
of such works;
-
identification of the claimed infringing material and
information reasonably sufficient to permit LEVIVE to
locate the material on the Site;
- information reasonably sufficient to permit LEVIVE to
contact you, such as an address, telephone number, and,
if available, an e-mail address;
-
a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law;
-
a statement by you, made under penalty of perjury, that
the above information in your notification is accurate
and that you are the copyright owner or authorized to
act on the copyright owner’s behalf; and your physical
or electronic signature.
Please
send all of the above enumerated information to the following
LEVIVE copyright agent: Phone: (832) 532-4571 Email: support@LeVive-Juice.net
Please
do not send notices or inquiries unrelated to alleged
copyright infringement to LEVIVE’s designated agent.
Disclaimer
Of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE
RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVIVE
AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO
THE SITE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
AND NON-INFRINGEMENT). LEVIVE AND ITS AFFILIATES MAKE
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE
OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO OR USE OF THE SITE; ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL
PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY; AND FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH
THE SITE. LEVIVE AND ITS AFFILIATES DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND LEVIVE AND ITS AFFILIATES WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS
OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT
ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM LEVIVE OR THROUGH
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
Limitation
Of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE
LAW, IN NO EVENT WILL LEVIVE OR ITS OFFICERS, EMPLOYEES,
DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES,
AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY
(WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE
OF THE SITE.
Third
Party Websites "Other Sites"
LEVIVE forwards users and members to other sites. Goods
and services of third parties may be advertised and/or
may be made available on or through this website. Representations
made regarding products and services provided by third
parties will be governed by the policies and representations
made by these third parties. The site editor will not
in any manner be liable for or responsible for any of
your dealings or interaction with third parties. Please
be aware that LEVIVE is not responsible for the business
and privacy practices of these other sites. We encourage
you to be aware of this when you leave our site and to
read the legal notices and privacy policies of each and
every website you visit.
Childrens
Online Privacy Protection
LEVIVE serves general users of the World Wide Web. We
support and comply with the Childrens Online Protection
Act (COPPA) and we do not knowingly collect information
from children under the age of 13, nor do we share such
information with third parties. Children under the age
of 18 may use LEVIVE only with the involvement of a parent
or guardian.
Exclusions
And Limitations
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability
for incidental or consequential damages. Accordingly,
some of the above limitations and disclaimers may not
apply to you. To the extent LEVIVE may not, as a matter
of applicable law, disclaim any implied warranty or limit
its liabilities, the scope and duration of such warranty
and the extent of LEVIVE’s liability shall be the minimum
permitted under such applicable law.
Indemnity
You agree to indemnify, defend, and hold harmless LEVIVE,
its parents, subsidiaries, affiliates, officers, directors,
employees, consultants and agents from and against any
and all claims, liabilities, damages, losses, costs, expenses,
fees (including reasonable attorneys’ fees and costs)
that such parties may incur as a result of or arising
from (1) any information (including, without limitation,
your Submissions, Feedback, or any other content) you
(or anyone using your account) submit, post, or transmit
on or through the Site; (2) your (or anyone using your
account’s) use of the Site; (3) your (or anyone using
your account’s) violation of these Terms of Service; or
(4) your (or anyone using your account’s) violation of
any rights of any other person or entity, including, without
limitation, any copyright, patent, trademark, trade secret
or other proprietary rights of any person or entity. LEVIVE
reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you
will cooperate with LEVIVE in asserting any available
defenses.
Force
Majeure
Without limiting the foregoing, under no circumstances
will LEVIVE be held liable for any delay or failure in
performance due in whole in or in part to any acts of
nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet failures, computer
equipment failures, software bugs, telecommunication equipment
failures, other equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, floods, earthquakes,
storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance
of third parties, or loss of or fluctuations in heat,
light, or air conditioning.
Severability
In the event that any provision of these Terms of Service
is held to be invalid or unenforceable, the remaining
provisions of these Terms of Service will remain in full
force and effect.
Waiver
The failure of LEVIVE to enforce any right or provision
of these Terms of Service will not be deemed a waiver
of such right or provision.
Controlling
Law And Jurisdiction
These Terms of Service and any action related thereto
will be governed by the laws of the State of Texas without
regard to any conflict of laws principles or rules. The
exclusive jurisdiction and venue of any action with respect
to the subject matter of these Terms of Service will be
the state and federal courts located in Harris County,
Texas, and each of the parties hereto waives any objection
to jurisdiction and venue in such courts.
Entire
Agreement
These Terms of Service, together with any other rules
or guidelines posted in connection with the Site or Content,
are the entire and exclusive agreement between LEVIVE
and you regarding the Site and Content, and these Terms
of Service supersede and replace any prior agreements
between LEVIVE and you regarding the Site and Content.
Terms
of Service Changes
LEVIVE may, in its sole and absolute discretion, change
these Terms of Service from time to time. LEVIVE will
post a copy of the Terms of Service as changed on the
Site. Your continued use of the Site constitutes your
agreement to abide by the Terms of Service as changed.
If you object to any such changes, your sole recourse
shall be to cease using the Site.
Effective
Date: 8/1/2009
