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Terms of Use - TERMS OF USE - Legal Notice - LEGAL NOTICE
Liberty For Life Association makes no Warrantee regarding content on this site, by
accessing this site you agree to hold harmless Liberty For Life and any
individual or company who publishes information here. Liberty For Life and
published authors are not lawyers or involved in practicing law, for any and all
legal issues concerning yourself you must contact a licensed lawyer for a
professional opinion. We only publish content we believe to be true,
however, due to the extensive subjects and nature of content we cannot guarantee
that all information is correct. If we are made aware of any errors or
incorrect information we will correct it.
1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE
1.1 YOU MUST READ THESE Liberty For Life WEBSITE TERMS OF USE ("TERMS")
CAREFULLY.
Liberty For Life Association AND ITS AFFILIATES PROVIDE THIS
WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON
WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE
TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN Liberty For Life AND YOU, AND
YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE
WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE
TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 Liberty For Life controls and operates its websites from various
locations and makes no representation that this Website is appropriate or
available for use in all locations. Liberty For Life products and services may
not be available in Your location, and deliverables may vary among locations. If
You are using the Website on behalf of Your employer, You represent and warrant
that You are authorized to accept these Terms on Your employer's behalf, and
that Your employer agrees to indemnify You and Liberty For Life for violations
of these Terms.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a) provide
accurate, current, and complete information about You as may be prompted by a
registration form on the Website (the "Registration Data"); (b) maintain the
security of your password and identification; (c) maintain and promptly update
the Registration Data, and any information You provide to Liberty For Life, to
keep it accurate, current and complete; and (d) accept all risks of unauthorized
access to information and Registration Data. You have sole responsibility for
adequate protection and backup of data and/or equipment used in connection with
the Website.
2.2 You are entirely responsible for all Content that You upload, post or
otherwise transmit via the Website. You agree not to upload, post or otherwise
transmit via the Website Content that: (a) is inaccurate, harmful, obscene,
pornographic, defamatory, racist, violent, offensive, harassing, or otherwise
objectionable to Liberty For Life or other users of the Website; (b) includes
unauthorized disclosure of personal information; (c) violates or infringes
anyone's intellectual property rights; or (d) 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. Liberty For Life reserves the right to edit or remove Content that
violates these Terms or that contains third-party commercial advertisements.
2.3 You agree that You will not use the Website to: (a) transmit spam, bulk
or unsolicited communications; (b) pretend to be Liberty For Life or someone
else, or spoof Liberty For Life 's or someone else's identity; (c) forge headers
or otherwise manipulate identifiers (including URLs) in order to disguise the
origin of any Content transmitted through the Services; (d) misrepresent your
affiliation with a person or entity; (e) disrupt the normal flow of dialogue or
otherwise act in a manner that negatively affects other users' ability to use
the Website; (f) engage in activities that would violate any fiduciary
relationship, any applicable local, state, national or international law, or any
regulations having the force of law, including but not limited to attempting to
compromise the security of any networked account or site, operating an illegal
lottery or gambling operation, stalking, or making threats of harm; or (g)
collect or store personal data about other users unless specifically authorized
by such users.
3. CONFIDENTIALITY OF Liberty For Life INFORMATION
3.1 You may obtain direct access via the Website to certain confidential
information of Liberty For Life and its suppliers, including without limitation
technical, contractual, product, program, pricing, marketing and other valuable
information that should reasonably be understood as confidential ("Confidential
Information"). You must hold Confidential Information in strict confidence.
Title to Confidential Information remains with Liberty For Life and its
suppliers.
3.2 Upon Liberty For Life
's written request you agree to cease to use of Confidential Information and return
it to Liberty For Life or
destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential
Information that You can establish by legally sufficient evidence: (a) You
possessed prior to Your receipt from Liberty For Life, without an obligation to
maintain its confidentiality; (b) is or becomes generally known to the public
through no act or omission by You, or otherwise without violation of the Terms;
(c) You obtained from a third party who had the right to disclose it, without an
obligation to keep such information confidential; (d) You independently
developed without the use of Confidential Information and without the
participation of individuals who have had access to it, or (e) in response to a
valid lawful order by a court or other governmental body, as otherwise required by law,
or as necessary to establish the rights of either party under these Terms and as
disclosed after prior notice to Liberty For Life adequate to afford Liberty For
Life the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO Liberty For Life
4.1 Liberty For Life does not claim ownership of the Content You place on the
Website and shall have no obligation of any kind with respect to such Content.
Unless otherwise stated herein, or in Liberty For Life 's Privacy Policy, any
Content You provide in connection with this Website shall be deemed to be
provided on a nonconfidential basis. Liberty For Life shall be free to use or
disseminate such Content on an unrestricted basis for any purpose, and You grant
Liberty For Life and all other users of the Website an irrevocable, worldwide,
royalty-free, nonexclusive license to use, reproduce, modify, distribute,
transmit, display, perform, adapt, resell and publish such Content (including in
digital form). You represent and warrant that you have proper authorization for
the worldwide transfer and processing among Liberty For Life, its affiliates,
and third-party providers of any information that You may provide on the
Website.
4.2 Liberty For Life does not routinely monitor Content, but Liberty For Life
and its designees reserve the right to monitor, restrict access to, edit or
remove any Content that is available via the Website.
5. DELIVERY OF E-MAIL
Liberty For Life will attempt to deliver all of the e-mail that is addressed to
Your e-mail address on Liberty For Life 's Services. However, the nature of
e-mail is such that Liberty For Life cannot guarantee delivery of such e-mail.
6. INDEMNITY
You agree to indemnify and hold Liberty For Life and its subsidiaries,
affiliates, associates, shareholders, officers, directors, agents, licensors, suppliers,
alliance members, other partners, employees and representatives harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Your Content or Content on this site, Your use of or connection to the
Website (including any use by You on behalf of Your employer), Your violation of
the Terms, or Your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
Liberty For Life may provide notice to You via email, regular mail, or posting
notices or links to notices on the Website. Liberty For Life reserves the right
at any time to modify, suspend or terminate the Services (or any part thereof),
and/or Your use of or access to them, with or without notice. Liberty For Life
may also delete, or bar access to or use of, all related Information and files.
Liberty For Life will not be liable to You or any third-party for any
modification, suspension, or termination of the Services, or loss of related
information. Liberty For Life may amend these Terms at any time by posting the
amended terms on this Website.
8. ADVERTISEMENTS AND PROMOTIONS
Liberty For Life runs advertisements and promotions from third parties on the
Website. Your correspondence or business dealings with, or participation in
promotions of, advertisers other than Liberty For Life found on or through the
Website, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between You and such advertiser. Liberty For Life is not
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such non-Liberty For
Life advertisers on the Website.
9. CONTENT PROVIDED VIA LINKS
9.1 You may find Content from other sites and links to other Internet sites or resources on the Website. You
acknowledge and agree that Liberty For Life is not responsible for the
availability or accuracy of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. Liberty For Life will
not be responsible or liable, directly or indirectly, for any actual or alleged
damage or loss caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or resource.
9.2 Liberty for Life shall not be liable for
any errors or delays in content, or for any actions taken in reliance thereon.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized by Liberty For Life or by Content providers,
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror,
frame, republish, download, transmit, or create derivative works of the Content
of others, in whole or in part, by any means. You must not modify, decompile, or
reverse engineer any software Liberty For Life discloses to You, and You must
not remove or modify any copyright or trademark notice, or other notice of
ownership.
10.2 "Liberty For Life Trademarks" means all names, marks, brands, logos,
designs, trade dress, slogans and other designations Liberty For Life uses in
connection with its products and services. You agree to comply with the Liberty
For Life Trademark and Logo Usage Requirements. You may not remove or alter any Liberty For Life
Trademarks, or co-brand your own products or material with Liberty For Life
Trademarks, without Liberty For Life 's prior written consent. You acknowledge
Liberty For Life 's rights in Liberty For Life Trademarks and agree that any use
of Liberty For Life Trademarks by You shall inure to Liberty For Life 's sole
benefit. You agree not to incorporate any Liberty For Life Trademarks into Your
trademarks, service marks, company names, Internet addresses, domain names, or
any other similar designations, for use on or in connection with computer or
Internet-related products, services or technologies.
10.3 Liberty For Life is committed to respecting others' intellectual
property rights, and we ask our users to do the same. If You believe that Your
work has been copied in a way that constitutes copyright infringement on our
Website, please contact our copyright agent info@libertyforlife.com.
10.4 Unless explicitly stated herein, nothing in these Terms shall be
construed as conferring any license to intellectual property rights, whether by
estoppel, implication, or otherwise. Permission is granted to display, copy,
distribute and download Content owned by Liberty For Life on this Website
provided that: (a) the copyright notice pertaining to the Content remains, and a
permission notice (e.g., "Used with permission") is added to such Content; (b)
the use of such Content is solely for personal and non-commercial use; (c) such
Content will not be copied or posted on any networked computer or published in
any medium, except as explicitly permitted by valid permission or license
covering such materials; and (d) no modifications other than that agreed to in
writing are made to such Content. This
permission terminates automatically without notice if You breach any of the
terms or conditions in this Section 10.4. Upon termination, You must immediately
destroy any downloaded and/or printed Content.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY
STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED
IN SECTION 1.2) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS"
BASIS. Liberty For Life DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR
CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, OR NONINFRINGEMENT. Liberty For Life MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
11.2 Liberty For Life MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
(c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR
REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY
DAMAGES RESULTING FROM COMPUTER VIRUSES.
11.4. You must employ a
lawyer licensed for such purposes for legal counsel. Liberty For
Life does not provide legal counsel, you agree to not employ any content
whatsoever on this site as legal counsel or make legal decisions based
on any such content.
12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, Liberty For Life IS NOT LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS,
GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC
ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF Liberty For
Life HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE
POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT
OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO:
(a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR
ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR
FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE,
MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR
LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY.
13. Liberty For Life 'S PRIVACY POLICY
You consent to the collection, processing and storage by Liberty For Life of
Your personal information in accordance with the terms of Liberty For Life 's
Privacy Policy.
You agree to comply with all applicable laws and regulations, and the terms of
Liberty For Life 's Privacy Policy, with respect to any access, use and/or
submission by You of any personal information in connection with this Website.
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between You and Liberty For Life
relating to their subject matter, and cancel and supersede any prior versions of
the Terms. No modification to the Terms will be binding, unless in writing and
signed by an authorized Liberty For Life representative. You must not assign or
otherwise transfer the Terms or any right granted hereunder. You also may be
subject to additional terms and conditions that may apply when You use Liberty
For Life or third-party products or services.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the
Terms will result in irreparable harm to Liberty For Life for which damages
would be an inadequate remedy and, therefore, in addition to its rights and
remedies otherwise available at law, Liberty For Life will be entitled to
equitable relief, including both a preliminary and permanent injunction, if such
a breach occurs. You waive any requirement for the posting of a bond or other
security if Liberty For Life seeks such an injunction.
14.3 International Law, California law and controlling U.S. federal law govern any action
related to the Terms and/or Your use of the Website. Choice of law rules of any
jurisdiction and the United Nations Convention on Contracts for the
International Sale of Goods will not apply to any dispute under the Terms. You
agree to submit to the personal and exclusive jurisdiction
of the courts Liberty For Life chooses for any matter.
14.4 Services, Content, and product derived or obtained from this Website may
be subject to the U.S. export laws and the export or import laws of other
countries. You agree to comply strictly with all such laws and, in particular,
shall: (a) obtain any export, reexport, or import authorizations required by
U.S. or your local laws; (b) not use Services, Content, or direct product from
this Website to design, develop or produce missile, chemical/biological, or
nuclear weaponry; weapons of mass destruction; and (c) not provide Services, Content, or direct product from
this Website to prohibited countries and entities identified in the U.S. our
your country's lawful export
regulations.
14.5 Rights and obligations under the Terms which by their nature should
survive will remain in full effect after termination or expiration of the Terms.
14.6 The Website may contain forward-looking statements within the meaning of
the Private Securities Litigation Reform Act of 1995. Such forward-looking
statements may include statements regarding market expectations and
opportunities, expectations about financials, research and development and
strategies, statements concerning Liberty For Life 's roadmaps, market share
growth, and product and service development and introduction, and our continuous
evaluation of the competitiveness of ours and others products and service offerings. These
forward-looking statements are just predictions and involve risks and
uncertainties. Actual results may differ materially from results discussed in
the forward-looking statements. Factors that may cause such a difference include
risks related to adverse changes in general economic conditions, failure to
reduce costs, lack of success in technical advancements, the timely development,
production and acceptance of new products and services, and Liberty For Life 's
ability to compete in a highly competitive and rapidly changing marketplace, and
other outside influences.
14.7 Any express waiver or failure to exercise promptly any right under the
Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any
government, or by any court or arbitrator, the parties agree that such provision
will be replaced with a new provision that accomplishes the original business
purpose, and the other provisions of the Terms will remain in full force and
effect.
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