Section 1. Use of Materials
The entire contents of this website, such as text, graphics, images, logos, icons, video, audio, multimedia and software (“Materials”) are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. You may not sell, modify, reproduce, duplicate, display, publicly perform, distribute, or otherwise use the Materials in any way for public or commercial purpose without the express written consent of LiveWell. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited. LiveWell also prohibits the use of any LiveWell trademark, or any related graphic, as a link to any web site other than www.livewellcolorado.com unless approved in writing by LiveWell. You may not use META tags or any other text which utilize LiveWell Colorado. LiveWell Colorado, livewellcolorado.com, or any other derivative of our domain or company name without the express written consent of LiveWell. You are hereby granted the right to create a hyperlink to livewellcolorado.com as long as the link does not portray any false, misleading, derogatory, or otherwise offensive content.
Section 2. LiveWell Liability
The Materials may contain inaccuracies or typographical errors. LiveWell makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using this website or the Materials. The use of the website and the Materials is at your own risk. Changes are periodically made to the website and may be made at any time.
Livewell does not warrant that the web site will operate error-free or that this web site and its server are free of computer viruses, worms, trojan horses and other harmful goods. If your use of the web site or the materials results in the need for servicing or replacing equipment or data, livewell is not responsible for those costs. The web site and materials are provided on an “as is” basis without any warranties of any kind. Livewell and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for a particular purpose. Livewell makes no warranties about the accuracy, reliability, completeness, or timeliness of the materials, services, software text, graphics, and links.
Notwithstanding anything contained herein to the contrary, the total maximum liability of livewell is limited, in livewell’s sole discretion, to either (i) repair of any affected materials or part thereof; or (ii) replacement of any affected materials or part thereof; or (iii) refund to you of the materials license fees or purchase price, if any, less a reasonable fee for your use of such materials.
Section 3. Disclaimer of consequential damages
In no event shall livewell or any third parties mentioned at this web site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the web site and the materials, whether based on warranty, contract, tort, or any other legal theory, and whether or not livewell is advised of the possibility of such damages.
Section 4. User Privacy
Section 5. Links to Other Sites
The website may contain hyperlinks to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by LiveWell of the linked website. LiveWell is not responsible for the content of linked websites and does not make any representations regarding the accuracy of materials on such websites. If you decide to access a linked website, you do so at your own risk.
Section 6. Indemnity
You agree to defend, indemnify, and hold harmless LiveWell, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Materials (including software) or your breach of the terms of this Agreement. LiveWell shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 7. User Information
LiveWell may use the information it obtains relating to you, including your IP address, name, mailing address, email address, and use of this website, for its own internal business and marketing purposes. LiveWell will not distribute or disclose this information to third parties.
Section 8. General
LiveWell makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including software) may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any action related to this Agreement shall be brought only in the state and federal courts of the State of Arizona and both parties waive any objection to the personal jurisdiction of and venue in such courts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or other agreement for software or materials on particular Web pages, this Agreement constitutes the entire Agreement between you and LiveWell with respect to the use of the website. Any changes to this Agreement must be made in writing, signed by an authorized representative of LiveWell Colorado.
Section 9. License to Use
By submitting, posting, displaying or providing any information (including, without limitation, questions, comments, suggestions, ideas, drawings, notes, concepts or any other material) to the Website and Forums, you automatically grant to LiveWell Colorado, without limitation, a worldwide, unlimited, irrevocable, perpetual, royalty-free license, authorization and permission, in any form or format, on or through any media or medium now known or hereafter developed or discovered, to maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, reformat, and otherwise use all or any portion of such information, for any purpose whatsoever without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted in our sole discretion.
You represent to LiveWell Colorado that you own all information you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all information you provide. You further represent to LiveWell Colorado that such information does not infringe any third party copyrights or other third party intellectual property rights. You agree to indemnify LiveWell Colorado for any and all losses resulting from the invalidity or inaccuracy of such representation. Please do not send any information or post on any forum anything that constitutes a trade secret, or confidential or proprietary information. You agree that any information or materials that you, or individuals acting on your behalf, provide will not be considered confidential or proprietary.
Section 10. Protection of LiveWell Colorado and Others
We may release personal information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of LiveWell Colorado, our employees, our users, or others. LiveWell Colorado may disclose personal information to parties in compliance with LiveWell Colorado’s Copyright Policy, as LiveWell Colorado in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, LiveWell Colorado may disclose name, city and e-mail address.
Section 11. Information You Post
When you post messages or add information or photos to your LiveWell Colorado profile, those messages, information, and photos, along with your LiveWell Colorado username, are visible to other users. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. LiveWell Colorado may share aggregated demographic information with business partners.
Section 12. Registration and Security
As a condition to using certain Services, you may be required to register with LiveWell Colorado and select a password and username. You shall provide LiveWell Colorado with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as your username a name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization. LiveWell Colorado reserves the right to refuse registration of, or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of your LiveWell Colorado password.
Section 12. Termination
Either party may terminate the Services at any time by notifying the other party by any means. LiveWell Colorado may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.