Legacy Idea Vault Privacy Policy
This website and any other URLs and websites administered by Legacy Idea Vault (collectively, the “Site”) are offered by Legacy Idea Vault (collectively, “LIV” or “we” “our” or “us”) to you, the user, subject to your acceptance of all the terms and conditions as set forth below ("Privacy Policy"). The terms "you" “your” and "user" refer to all individuals and entities that access the Site. LIV has created this privacy policy to make sure you know what information LIV collects and how LIV uses it. By using the Site, you expressly consent to the collection, storage, disclosure and use of your information as outlined in this Privacy Policy and you agree to the terms and conditions of this Privacy Policy.
If you reside outside the U.S., your personally identifiable information will be transferred to the U.S. and processed and stored there under U.S. privacy standards. By visiting our Site and providing information to us, you consent to such transfer to, and processing in, the U.S.
LIV will occasionally update this Privacy Policy to reflect changes in LIV’s practices and services. When changes are made to this Privacy Policy, LIV will post a notice on the Site. Regardless of notice, by visiting this Site, you are accepting the terms of the then-current Privacy Policy. If you follow any external links, located on the Site, to third-party websites, LIV is not responsible for the content or the privacy policies of these other websites.
LIV encourages you to check back, from time to time, and review this Privacy Policy so that you always will know what personally identifiable information LIV collects, how it is used, and to whom it is disclosed.
But first, a note about the content on the Site:
NO FIDUCIARY RELATIONSHIP/NOT LEGAL, ACCOUNTING, FINANCIAL, OR HEALTH ADVICE
Information, content, and Ideas contained on or made available through the Site is not intended to and do not constitute legal, accounting, tax, financial advisory, investment, insurance, therapy or mental health counseling, credit repair, debt management, or other professional advice or services associated with a regulated industry, under any circumstance. The Site, contacting LIV via the Site, and/or your use thereof does not create a fiduciary relationship, establish representation, or amount to any type of counseling or advice. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site without seeking the advice of a competent attorney, accountant, financial or investment advisor, medical professional, insurance professional, or otherwise as applicable licensed to practice in your jurisdiction for your particular problem.
LIV DOES NOT MONITOR OR VERIFY ANY IDEAS ON THE SITE.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The information may not be complete or accurate depending on your particular set of circumstances. Each subject matter issue depends on its individual facts and different jurisdictions have different laws and regulations. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Links to other service providers or resources online are provided as citations and aids to help you identify and locate other providers and resources that may be of interest and are not intended to state or imply that we are endorsing, responsible for, affiliated or associated with, or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
Your use of the Site:
On the Site, you may submit ideas, links, guides, video, resources, references, information, data, articles, Ideas, digital content, and any other content or material (“Idea(s)”). In order for Ideas to be made public on the Site, they must meet the criteria established by LIV from time to time. All Ideas, which are eligible to posted on the Site, are made publicly available and are viewable by all users. Use discretion when submitting an Idea.
You are solely responsible for all Ideas that you submit, upload, post, email or otherwise transmit via the Website.
LIV is not liable for any statements, representations, descriptions, comments, or opinions provided by users in Ideas submitted to or posted on the Website. Ideas are displayed for informational purposes only. LIV cannot guarantee the accuracy, integrity, or quality of Ideas. Under no circumstances will LIV be liable in any way for any Idea, including, but not limited to, any errors or omissions in any Idea, or any loss or damage of any kind incurred as a result of posting an Idea, or the use of any content contained in an Idea.
(a) You alone are responsible for your Idea, and once published, it cannot always be withdrawn. You assume all risks associated with your Idea, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Idea that makes you personally identifiable. You may not imply that your Idea is in any way sponsored or endorsed by LIV.
(b) You may expose yourself to liability if, for example, your Idea contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
(c) You represent and warrant that (i) the Ideas you submit are either original to you, or all third party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Ideas do and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) LIV shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Ideas.
(d) Once Ideas are submitted to the Website, LIV may take any or no action with respect to such Ideas, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Ideas with no notice and at LIV's sole discretion. LIV reserves the right to screen, edit, modify, remove or disable access to any content that violates these provisions or that LIV deems objectionable. LIV reserves the right to screen Ideas for standard errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.). Without limitation of the foregoing, LIV reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that LIV suspects have violated any law or regulation. LIV also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
As a condition to your use of this Site, you agree not to:
1. Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
4. Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes upon another's rights, including any intellectual property rights (including but not limited to, copyrights, patents, trademarks, or trade secrets);
5. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
6. Upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7. Reverse engineer, decompile or disassemble any of the software used to provide this Site or the Service and/or resell or redistribute the Service, or any part of the Service or use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service, including, but not limited to, altering affiliate IDs;
8. Interfere with or disrupt this Site or the Service, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
9. Obtain, collect, store or modify the personal information about other users, to harass or stalk any user of the Site in any way;
10. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to 'meta-search' the Site or download data from the Site. LIV reserves the right to block automated programs that do not comply with these restrictions;
11. Upload, email, transmit, or post any content encouraging illegal activity or racism, hate speech, incitement of hate;
12. Upload, email, transmit or post any other content that LIV deems to be inappropriate; or
13. Use any LIV services for any illegal or unlawful purposes.
What information does LIV collect?
LIV may collect information about you, when you interact with the Site, including, your name, email, and/or location when you contribute Ideas to the Site[JM1] .
If you send information through our contact forms, customer service, and/or chat functions on the Website. You will be asked to provide your name and email. In communicating with us, you will also have an opportunity to share additional information with LIV, in your sole discretion, which may include personal information. This information is seen only by LIV and is not publicly available. Use discretion when sharing information through chat functions, emails, and contact forms.
Information collected by Cookies:
LIV uses cookies on the Site to improve the quality of the Site and services to you. One of the features of cookies is to provide convenience features to save you time. A cookie is a small text file on your computer which a website sends to your computer to allow the website to store information which uniquely identifies LIV’s users. LIV's cookies do not collect or store personally identifiable information. Rather, the cookie stores a token which uniquely identifies a particular user at a particular time. That token is then linked to the user information in LIV’s secured databases. You can always delete the cookies and reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Site features and functionality may not be available to you and you may not be able to take advantage of all the features on the Site.
Do Not Track:
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. LIV is committed to providing you with meaningful choices about the information collected on the LIV Site for third party purposes, and that is why LIV provides the opt-out links below. However, LIV does not support DNT or recognize or respond to browser-initiated DNT signals.
These links may not represent all opt-out options available or third parties collecting information via the Site.
To opt-out of third party vendors cookies, please visit the Network Advertising Initiative opt-out page.
To opt-out of the double click and other Google advertising cookies, please visit the Google advertising opt-out page.
To opt-out of analysis via the Google Analytics cookie, please visit the Google Analytics opt-out page.
Your California Privacy Rights:
If you live in California and have an established business relationship with us, you can request a list of the personal information we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year. To exercise your rights, you can email us or write to us at the address below. Mention in your letter that you are making a "California Shine the Light" inquiry. We will respond within 30 days.
You may also request that we provide you with an accounting of your personal information held by LIV. You may submit that request to LIV via email at info@legacyidea.com, or at Legacy Idea c/o New Leaf Legal, LLC 120 Washington Street, Suite 202, Salem, MA 01970. Upon verification of your identity and within 45 days, we will provide you with a paper copy of your personal information via the United States Postal Service. LIV will not discriminate against any end user for exercising their rights under the California Consumer Privacy Act.
LIV does not sell your personal information, as those terms are defined under the California Consumer Privacy Act.
Information collected by Web Beacons and Log Files:
When you visit the Site, LIV’s servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your:
· IP address
· browser type or the domain from which you are visiting
· operating system
· your browser ID
· how many times your device (computer or phone, for instance) access the Site, including dates and times of such access
· Your activities on the Site
· Geographic location of user (city and state)
· Search terms (aggregated information)
For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. LIV uses Log Data to monitor the use of the Site and the LIV Service, and for the Site's technical administration. LIV does not associate your IP address with any other personally identifiable information to identify you personally, except as required to enforce this Privacy Policy or as necessary to protect the rights, property, or safety of LIV, its employees, customers, or other users.
Information collected through Ideas and Testimonials:
You may choose to submit a review or testimonial. If you post a review, LIV may ask for certain information to validate your review or testimonial. If you submit a review or testimonial, LIV may publish your first name, geographic location or other anonymous information but your last name and email address will be kept private. Additionally, any personally identifiable information that you submit as part of the review or testimonial can be read or used by other visitors to the Site. LIV is not responsible for any personally identifiable information that you choose to submit as part of your review or testimonial.
How does LIV secure and store your information?
The security of your personal information is important to us. LIV employs industry standard precautions designed to protect your information from unauthorized access. LIV will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
LIV currently stores user information via secure cloud-based web hosting services, provided by SquareSpace, and the information is stored on servers located within the United States.
Remember that no method of transmission over the internet or method of electronic storage is 100% secure. LIV cannot promise, and you should not expect, that your personal information or private communications will always remain private. LIV cannot guarantee complete security.
How does LIV use your information?
LIV will not sell or disclose your name, email address or other personal information to third parties without your explicit consent, except as may be specified in this policy from time to time. LIV uses the personally identifiable information you provide to:
Provide the features and functionality of the Site and to improve LIV’s products and services;
Fulfill your requests for LIV’s products and services;
Communicate with you concerning LIV’s products and services;
Send you information about LIV’s products and services;
For LIV’s internal business purposes; and
Help us create content that is most relevant to you.
LIV uses your email address to send you communications you have requested.
LIV uses non-personally identifiable information to monitor the use and performance of the Site so that LIV can learn more about how people use the Site which helps us improve LIV’s services and significantly enhance your experience on the LIV Site.
Retention of Data
LIV retains personal information when we have an ongoing legitimate business, legal, or compliance need to do so. Our retention periods will vary depending on the type of personal information. The general factors we consider in determining whether to retain personal information are:
· Whether we have a legal or contractual need to retain the information
· Whether the information is necessary to provide our services or for functionality of Site features
· Whether our account holding users have the ability to access and delete the information from their accounts
When LIV has no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, when personal information has been stored in backup archives), then LIV will securely store such personal information until deletion of such information is possible.
Does LIV disclose the information it collects to outside parties?
Generally, LIV does not share personal information about you with other people or nonaffiliated companies without your consent except that:
LIV provides information to its agents and trusted service providers and contractors for limited purposes, without limitation, hosting and maintenance, database storage and management, offering certain products and services; marketing campaigns; communicating with customers; providing customer service; managing information on LIV’s behalf; and enhancing the Site features and functionality. LIV will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
The service providers engaged by LIV, and links to their individual privacy policies, are listed here:
Squarespace - https://www.squarespace.com/privacy
GoDaddy - https://www.godaddy.com/legal/agreements/privacy-policy
Google - https://policies.google.com/privacy?hl=en-US
LIV may also release information (including, but not limited to, your name, email address, and activity on the Site) when LIV, in LIV’s sole discretion believes that such release is necessary or appropriate to:
comply with law;
comply with subpoenas, warrants, court orders, government investigations, or other legal process;
enforce or apply the terms of this policy;
investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity
investigate fraud or similar claims;
protect the rights, property or safety of LIV, LIV’s users, or others.
to protect LIV’s operations; or
to permit LIV to pursue available remedies or limit the damages that LIV may sustain.
Does this Privacy Policy apply when I access third party websites?
You may be able to access third party websites directly from the Site. However, this Privacy Policy does not apply when you access third party websites. LIV cannot control and cannot be held responsible for the content that appears on those sites and is not an endorsement, authorization or representation of LIV’s affiliation with that third party. Furthermore, LIV is not responsible for the privacy policies of any third-party site or for how they treat information about their users. These third-party sites may place their own cookies on your computer, collect data, or solicit personal information. You may be consenting to those websites through use of the Site. LIV encourages you to read the privacy policies or statements and terms of service for each of the other websites you visit.
Intellectual Property
LIV the name, logo, and other LIV graphics, logos, designs, page headers, button icons, scripts, and service names are copyrights, trademarks or trade dress of LIV in the U.S. and/or other countries. LIV's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion to consumers or in any manner that disparages or discredits LIV. All other trademarks not owned by LIV that appear on this Site are the property of their respective owners.
Excepting any Ideas, you acknowledge that all articles, blog posts, infographics, writings, columns, and any other form of content on the Site generated or posted by LIV (“LIV Content”) is either owned by LIV or LIV has a license/permission to use the same. You acknowledge and agree that any such LIV Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by LIV, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any LIV Content received through the Site without the authorization of LIV. You agree not to publish, reproduce, copy, in whole or in part, modify, amend, publicly display (including framing), create derivative works of, nor upload, download, post, email, sell, commercially exploit in any way, or otherwise distribute LIV Content available through the Site, in violation of applicable copyright and other intellectual property laws.
LIV considers any solicited or unsolicited suggestions, ideas, proposals, content of any notes, messages, e-mails, postings, letters, concepts or other material submitted to it by you via the Site or otherwise (other than personal information) (collectively, the "Material") to be non-confidential and non-proprietary and LIV shall not be liable for the disclosure or use of such Material. If, at LIV's request, you send Material to improve the site (for example through the forums, contact forms, or to customer support), LIV will also consider that Material to be non-confidential and non-proprietary and LIV will not be liable for use or disclosure of the Material. Any communication by you to LIV is subject to this Privacy Policy. The intellectual property rights in or relating to the Material will automatically be deemed to be assigned, granted and transferred by you to LIV upon their submission or communication to LIV, and you do assign all rights therein to LIV and agree that the same will automatically become the property of LIV and that LIV may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose, commercial or otherwise, LIV may elect, forever, without compensation or accounting to you and without further recourse by you.
DMCA/IP Notification Policy
To notify LIV of infringing or unlawful content on the Site, please provide LIV with the following information:
1. Your name, address, telephone number and e-mail address;
2. A description of the exact location on the Site of the infringing or unlawful content;
3. A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed;
4. In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;
5. In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
6. A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damaged by the content.
LIV takes such notices very seriously. We will evaluate the provided notice and if appropriate based on our sole discretion remove infringing content. Based on our judgment, we may notify the source of the content of your complaint and our actions in response to your complaint. We reserve the right in our sole discretion to restore such content if the source of such content provides evidence that the content should not have been removed. We encourage you to seek the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.
LIV may be notified of claims of intellectual property infringement by emailing the above requested information to:
LIV
Attn: Adam Prince
ADDRESS: c/o New Leaf Legal, LLC
120 Washington Street, Suite 202
Salem, MA 01970
Email: info@legacyidea.com
Because LIV may allow content to be posted from third parties and third-party Sites, there is a chance that the ability to remove any allegedly infringing content will be out of our control. While we will make a good faith effort to remove the allegedly infringing content, if you believe your intellectual property has been infringed by a LIV vendor or a user posting content from a third-party Site, we strongly suggest you contact the vendor, third party, or third-party site directly and request the allegedly infringing material be taken down.
Business Transfers.
LIV may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.
LIV’s Policy Towards Children
The Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided LIV with personally identifiable information without their consent, he or she should contact LIV at info@legacyidea.com. LIV will take actions to promptly remove such data. LIV does not knowingly collect personally identifiable information from children under 16. If LIV becomes aware that a child under 13 has provided personal identifiable Information, LIV will delete such information.
How can I change, delete, or update my information?
You can request that LIV update or change your information or request that we delete your information by emailing us at info@legacyidea.com. After receiving proof of your identity, LIV will comply with such request. If you have any questions about what information is stored or would like to obtain a copy of such information, please contact us at info@legacyidea.com. After receiving proof of your identity, LIV will provide the information to you.
Unless stated otherwise, LIV’s current Privacy Policy applies to all information that LIV has about you and your account.
Use of this Site by individuals located in the EU
If you are a resident of the European Union or provide personal information through this website while located in the European Union, we offer you certain choices in connection with the personal information we collect from you on this Site.
Users in the European Union may have the choice:
· to be provided with a copy of your personal data held by us;
· to request the rectification or erasure of your personal data held by us;
· to request that we cease processing your data;
· to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
· to request that your data be transferred to you or a third party.
We may use your data for marketing purposes or disclose your information to any third party for such purposes with your consent, that you may provide by checking certain boxes on the forms we use to collect your data. You may object to receiving further marketing at any time without detriment. We will inform you prior to collecting or using your personal information for any purpose not set forth in this Privacy Policy or previously consented to.
To update your preferences and consents, ask us to remove your information from our mailing lists or submit a request, please contact us at info@legacyidea.com.
General Terms:
If any provision of this Privacy Policy is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Privacy Policy shall remain in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Privacy Policy. This Privacy Policy shall in all respects be interpreted and construed with and by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws rules, and the United States of America. LIV may assign its rights and responsibilities hereunder without notice to you. These terms and conditions will inure to the benefit of LIV’s successors, assigns and licensees. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The failure of LIV to exercise or enforce any right or provision of this Privacy Policy will not constitute a waiver of such rights or provisions. Except as explicitly stated otherwise, any notices shall be given by postal mail to LIV; Attn: Legal Department, 10 Arnold Circle, Unit 4, Cambridge, MA 02139 (in the case of LIV) or, in your case, to the email address you provide to LIV (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, LIV may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to LIV. In such case, notice shall be deemed given three days after the date of mailing.
Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). AS SUCH, YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability.
LIV shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay, failure, or act of any third party resource shared with you via the Site. THE AGGREGATE LIABILITY OF LIV IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.
Resolution of Disputes and Release:
In the event a dispute arises between you and LIV, please contact LIV. Any dispute arising from or relating to the subject matter of this Privacy Policy shall be finally settled by arbitration in Suffolk County, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of American Arbitration Association ("AAA") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected in accordance with the Arbitration Rules and Procedures of AAA. The arbitrator’s award shall be final and binding. The prevailing party in any arbitration or other proceeding arising under this Privacy Policy shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Privacy Policy, the party’s consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Suffolk County, Massachusetts. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Privacy Policy, including without limitation, this section. You and LIV agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Privacy Policy must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Massachusetts. You further agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration you and LIV waive any right to a jury trial.
You release LIV (and LIV's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
Unless stated otherwise, LIV’s current Privacy Policy applies to all information that LIV has about you.
The current version of the LIV Privacy Policy was adopted effective as of May 11, 2023.