TERMS & CONDITIONS OF SITE USE
Welcome to the Internet site of Live Your Life Learning (http://liveyourlifelearning.com/) (referred to as our or this “site”) provided by Live Your Life Learning, LLC, a Nebraska limited liability company (referred to as “us”, “we” or the “Company”). Please read these Terms & Conditions of Site Use (these “Terms & Conditions”) carefully before using our site.
- User’s Acknowledgment and Acceptance of Terms
- Permitted Uses of Our Site
We are proud to provide a rich collection of content (the “Content”) on our site. As used herein, Content includes any text, images, videos or other information provided by us on our site. Our Content may only be used for personal, non-commercial purposes. Below is a list of permitted uses of our Content by our site visitors:
A) You may view and print individual pages of our site. You may forward links to our webpages or Content for personal use. You may not, however, extract, copy or download Content by any device that “harvests” portions of the site or use the Content other than the manner in which such Content is intended to be used.
B ) You may not sell, reproduce, copy, duplicate, use or exploit any of our Content commercially, or post it on any other website, including a blog, social networking site or peer-to-peer distribution site, and you acknowledge and agree any such use without our consent will result in damages to us. Embedding and re-posting our Content, however, with proper attribution and without circumventing ad revenue or other technology is permitted and will not be considered commercial exploitation.
C) You may not remove copyright notices or other legends from any copies of our website pages, and you may not alter or modify the Content in any way.
D) You may link another website to our site, but you may not imply or suggest that the Company has endorsed or is affiliated with such linked websites. You may not display this site or any Content as “framed” within another website other than through means provided for on our site.
You are solely responsible for providing, at your own expense, all equipment necessary to access and use the site, including computers, mobile devices and Internet access (including payment of data and user service fees associated with such access).
- Submitting Content and Feedback
- Prohibited Uses of Our Site and Content
Below is a list of prohibited uses of our site and Content. If we discover a violation of any of the policies below, we have the right to take all appropriate actions in response without notice to you.
A) You may not post or send through our site any materials or communications that (i) are unlawful, defamatory, libelous, invasive of another’s privacy, tortious, obscene, profane, indecent, pornographic, harassing, threatening, abusive, or otherwise objectionable in our sole discretion or (ii) victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
B) You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate or circumvent the security of this site or use or gain access to the identities, information or computers of others through this site or otherwise use unauthorized means to access, manipulate or make copies of the Content without our express written consent.
C) You may not use this site for commercial, marketing or advertising purposes or to solicit information, transactions or money from other site users. You may not use this site to engage in spamming, flooding, flaming, trolling, spoofing, griefing, phishing or other unauthorized or unwelcome online conduct.
D) You may not transmit or attempt to transmit any virus, worm, time bomb or similar system interference or corruptant through this site.
You agree to indemnify and hold harmless the Company and the Company’s Representatives (as defined below) from any and all liability, damage, loss, claims, expenses and fees (including attorneys’ fees) resulting from your unauthorized use of this site or violation of any of our site policies.
- Links to Other Websites
This site provides links to third parties’ websites, and may reference information, materials or services provided by such other parties. We do not endorse, and do not have any responsibility for, any other websites or their products, services, content and website use policies. These other sites and parties are not under our control, and we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products, services or content. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or the party by us, or any warranty of any kind, either express or implied. You access all other websites from or referenced in this site entirely at your own risk.
From time to time, this site may include advertisements offered by third parties or for third-party products and services. Any correspondence or promotions entered into by you with such third party, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence, promotion or any other aspect of the arrangement between you and the advertiser.
- Intellectual Property Information
All Content on our site is the intellectual property of the Company or certain third parties, and is protected by copyrights, trademarks, service marks, patent or other proprietary rights and laws. You are only permitted to use the Content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, distribute, decompile or reverse engineer any software, documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted Content or material that is available on this site. Any unauthorized use of the Content or materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
We do not warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B) Identification of the copyrighted work claimed to have been infringed;
C) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
D) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
E) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
F) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Copyright Compliance Officer
Live Your Life Learning, LLC
PO Box 27979
Omaha, Nebraska 68127
Upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- No Offer or Advice
This site does not provide investment, accounting, tax, legal or other professional advice. Nothing on this site shall be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. You should consult with your own professional advisors with respect to your individual circumstances and needs. Decisions based on the Content provided on this site are your sole responsibility; you agree that we are not liable for any action you take or decision you make in reliance upon any Content on this site.
- Contributions to Us; Fees
We do not require or collect a fee for you to access the Content on our site. We allow you to voluntarily contribute to our site and our Company by using the contribution feature on the site. If you decide to contribute, you acknowledge and agree that:
A) The Company is a for-profit entity, contributions to which do not entitle you to a charitable tax deduction;
C) A contribution will be made voluntarily and does not entitle you to any ownership interest in or of, any control over, or any rights with respect to the Content, the Company or the site; and
D) A contribution is non-refundable unless a refund is requested in writing to Live Your Life Learning, LLC at PO Box 27979, Omaha, NE 68127, within fifty (50) days of the date on which such contribution was made. Any authorized refund may be paid by the Company through any available means of payment.
We may, at any point, decide to offer presentations or other services for which a fee will be required. Your purchase of these presentations or other services is optional. If you decide to purchase admission to any presentations or other services for which a fee is required, you agree to pay the full amount of the fee set forth on the site for such presentation or service. All fees that may apply will be paid through SquareUp. No refunds of any fees will be permitted. In the event legal action is necessary to collect any fees due and payable from you, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
- Disclaimer of Warranties
ALL CONTENT, MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.
Without limiting the foregoing, we do not warrant that the site, or any Content, materials or services provided on or through the site, will meet your requirements or be free from mistakes, errors or defects, uninterrupted, timely, or secure. This site could include technical or other mistakes, inaccuracies or typographical errors. The use of this site, or the Content, materials and services provided on or through this site, or the downloading or other acquisition of any materials or information through this site, is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitations of Liability; Indemnification
You acknowledge and accept that:
A) notwithstanding the reasonable efforts by us to avoid technological problems, this site may not be available, may not function properly or may have or cause technological problems (including, without limitation, computer malfunction, failure of performance, delays, interruptions, defects, errors, worms or viruses) from time to time;
B) notwithstanding any reasonable security precautions that we or our designee may take, we cannot, and do not, guarantee that this site will be free from security problems (including, without limitation, unauthorized interception of data or communications);
C) we reserve the right to modify or discontinue the site, or any features on the site, at any time without notice to you. Modifications may include without limitation changes in the Content, materials and services, and the addition of fee-based Content or services;
D) we have no control over third party networks you may access in the course using this site, and delays and disruption of other network transmissions are completely beyond our control; and
E) the Content and services offered on or through this site are provided “AS IS”, and we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
IN NO EVENT SHALL THE COMPANY OR ANY OF THE COMPANY’S REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES OF ANY KIND, HOWEVER INCURRED, INCLUDING WITHOUT LIMITATION ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RESULTING FROM OR IN CONNECTION WITH (I) THE USE OF THIS SITE OR ANY WEBSITE REFERENCED IN OR LINKED TO OR FROM THIS SITE, (II) ANY THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE, (III) THE INABILITY TO USE THIS SITE OR A WEBSITE REFERENCED IN OR LINKED TO OR FROM THIS SITE, OR (IV) ANY MODIFICATION OR DISCONTINUANCE OF THIS SITE OR THE CONTENT, MATERIALS AND SERVICES OFFERED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, IN EACH CASE, ANY DAMAGES OR LOSSES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE OR OTHER COMPUTER MALFUNCTION OR UNAUTHORIZED INTERCEPTION OF DATA OR COMMUNICATIONS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS PREDICATED AND CONDITIONAL UPON YOUR WAIVER OF, AND BY USING THIS SITE, YOU HEREBY WAIVE, ANY RIGHT TO SUE US DIRECTLY OR TO PARTICIPATE IN A SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify and hold the Company and its owners, managers, officers, directors, agents, partners, sponsors and advertisers (including all parties involved in creating, producing and delivering this site and its Contents) (collectively, the “Company’s Representatives”) harmless from all liability, damage, loss, claims and expenses (including attorneys’ fees) that arise from your use or misuse of this site. We reserve the right, at our 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 us in asserting any available defenses.
- Changes to Terms & Conditions
We may revise or supplement these Terms & Conditions from time to time in our sole discretion and without notice to you. It is your responsibility to review this site and these Terms & Conditions periodically and be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms & Conditions and agreement to abide and be bound by the modified Terms & Conditions.
- International Use
We make no claim that our site, or its Content, is appropriate or lawful for use or access outside the United States. If you access this site from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access.
- Governing Law/Forum
In any action to enforce these Terms & Conditions, the prevailing party will be entitled to costs and attorneys’ fees.
You may not assign your rights and obligations under these Terms & Conditions to any party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms & Conditions.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control.
If any part of these Terms & Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms & Conditions or related rights shall not constitute a waiver of that right or provision.