Terms and Conditions September 27 2013
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Updated September 27, 2013
1. ACCEPTANCE OF TERMS
a) Livelenz Inc. reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, Including but not limited to any term, applicable fee, policy, or guideline, at any time without notice or acceptance by You, except as provided in Section 4. Regardless of whether Livelenz Inc. has provided You individual notice, Your continued use of the Service following Livelenz Inc.’s notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms and ensure that any contact information You provide to Livelenz Inc. is updated and correct.
b) BY COMPLETING THE REGISTRATION PROCESS (“Registration Process”) AND CLICKING THE “I ACCEPT” BUTTON, YOU:
i) agree to be bound by these Terms;
ii) represent and warrant that, if You are an individual, You are 18 years old or older or, if you are an entity, that You are a corporation, partnership, or other legal entity duly formed (and Incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these Terms; (c) agree to provide true, accurate, current, and complete information in the Service registration form, Including billing and payment-related information and other account information (all together, the “Account Information”), and agree to maintain and update this information to keep it true, accurate, current, and complete; and
iii) represent and warrant that You have the power and authority to enter into and perform under these Terms. If these Terms or any future changes are unacceptable to You, Your sole remedy is to cancel Your Service. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS.
2) DESCRIPTION OF SERVICE
a) The complete list of services (the “Service”) governed by these Terms is as follows:
i) The Service will display Your store sales data and any other data that may be available from your point of sale system. Livelenz Inc. do not warrant that the data will be accurate and you should not rely on the data for Your accounting or tax records without verifying it with the reports from the point of sale system.
ii) Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Service resources, shall be subject to these Terms. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for Your access to and use of the Service and any Software, and for all related fees.
3) INTELLECTUAL PROPERTY
a) Except for the rights expressly granted herein, this Agreement does not transfer from Livelenz Inc. to You any Livelenz Inc. developed, licensed, or owned technology, and all rights, title, and interest in and to such technology will remain solely with Livelenz Inc. The parties agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the other party.
b) Notwithstanding anything to the contrary in this Agreement, You will not attempt to prohibit or enjoin Livelenz Inc. at any time from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, Including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of Livelenz Inc.
c) Livelenz Inc., other Livelenz Inc. product and service names, and all of their related logos are each trademarks of Livelenz Inc. (the “Livelenz Inc. Marks”). Without Livelenz Inc.’s prior written permission, you agree not to display, or use in any manner, the Livelenz Inc. Marks.
a) Unless modified in accordance with Section 4.4, You will pay all fees due according to the prices and terms applicable to your Services, Including option features. All installation or setup fees and non-recurring charges, along with the first month’s recurring charges, shall be due and payable within ten (10) days of initiation of Service. Thereafter, recurring fees will be charged in advance to Your selected payment method. If Your selected payment method is invalid or You are otherwise past due in your payments for any reason, the Service may be terminated and removed from Livelenz Inc.’s servers by Livelenz Inc. with or without notice, and all the information contained within deleted permanently. Livelenz Inc. accepts no liability for information or content that is deleted due to an invalid payment method or where Your payments are past due. Reactivation of the Service after termination or cancellation for any reason shall require the payment of additional setup fees.
In the event You fail to pay charges, Livelenz Inc. may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, You agree to reimburse Livelenz Inc. for all expenses Incurred to recover sums due, Including attorneys’ fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against You or Livelenz Inc. on the charges and all late payment, interest, or other fees as stated on Your bill. Livelenz Inc. may modify its billing practices or late payment charges by providing You with prior written notice of the modification. Livelenz Inc. in its discretion may offer discounts or special offers from time to time.
5) UPGRADES AND DOWNGRADES
a) You can upgrade or downgrade between the plans and products listed in Section 2 above at any time. Such upgrade or downgrade will take effect immediately. You will be automatically charged, via the payment method You provided, any and all fees based upon your upgrade or downgrade. If the new plan is a lower price, there will be no refunds will be provided for monies already paid. In the event that you change from one non-annual service to another, your payment method will be charged a pro-rata amount for the upgraded service and credited a pro-rata amount for the unused previous service. In the event that you change from a non-annual service to an annual service, your payment method will be charged for the entire annual service and credited a pro-rata amount for the unused non-annual service. In the event that you change from an annual service to a non-annual or annual service, no refunds will be provided. Both the refund and charge will both be based on the number of days remaining in Your contract term. The contract term and anniversary date may change if You change from a non-annual service to an annual service, or from an annual service to a non-annual service. You may also be charged, as applicable, an upgrade or downgrade fee. Fees may not be credited towards other services.
6) PRICE CHANGES
a) Livelenz Inc. may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges with respect to the Service. Upon renewal, as provided in Section 5.1, the prices charged may be changed without notice to the then prevailing price for the Services.
Current Fee Schedules
For the current fee schedules, go to www.livelenz.com.
b) Taxes – You shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter “Tax”) imposed on, or with respect to, the Services under this Agreement.
7) TERM AND TERMINATION
a) The initial term of this Agreement and these Terms will commence on the date that You click the “I AGREE” button to these Terms (or the first date on which you use the Service, whichever comes first) and will remain in effect for the period of time corresponding to the plan You select during the Registration Process (“Initial Term”). If You wish to terminate the Services at the end of the Initial Term or any subsequent term to which you have agreed (“Renewal Term”), You must sign in to your account, access the from within your Livelenz account under the Admin menu option, and follow the instructions on the link labeled “Cancel Subscription”, and complete this process at least 24 hours before your next scheduled billing date. Neither mail nor phone notification shall be acceptable. This Agreement will be automatically renewed on the scheduled billing date for the subscription length at the Livelenz Inc. then-current rates and charges. Except as set forth in these Terms, neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its Terms.
b) Cancellation/Termination by You – You may cancel Your Service and terminate these Terms at any time. If You cancel the Service before the end of the Initial or Renewal Term, Your Service and access to the Service will be discontinued at the end of the Term, and no refund will be provided for any payments You have made.
c) Termination by Livelenz Inc. – Livelenz Inc. may terminate these Terms at any time upon notice to You. Notwithstanding anything to the contrary herein, Livelenz Inc. may also, but has no duty to, immediately suspend or terminate Your Service, terminate Your access and password, remove Your Service from Livelenz Inc.’s servers, or remove any Content within the Service, if Livelenz Inc. concludes, in its sole discretion, that You:
I. have breached, violated, or acted Inconsistently with the letter or spirit of these Terms, Including any applicable Livelenz Inc. Policy or any applicable law or regulation;
II. have provided false information as part of your Account Information;
III. have failed to keep your Account Information complete, true, and accurate;
IV. fail to respond to any email communication sent to the email address listed in your Account Information;
V. are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or
VI. are engaged in activities or sales that may damage the rights or reputation of Livelenz Inc. or others (each “Termination for Cause”). Any Termination for Cause by Livelenz Inc. will take effect immediately, and You expressly agree that You will not have any opportunity to cure. If Your Livelenz Inc. ID is terminated for any reason, these Terms and Your access to the Service will also be terminated.
d) Termination for Cause by Either Party – In addition to any other right to terminate set forth herein, either party may terminate this Agreement if:
I. the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within five (5) days after receipt of written notice from Livelenz;
II. the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or
III. the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.
e) Termination – Legal Event – In the event a ruling, regulation, or order issued by a judicial, legislative, or regulatory body causes Livelenz Inc. to believe that these Terms and/or the Service provided hereunder may be in conflict with such rules, regulations, and/or orders, Livelenz Inc. may suspend or terminate the Service, or terminate these Terms without liability.
f) Deletion of Content – Upon any termination of the Service, Livelenz Inc. reserves the right to permanently delete from its servers any and all information and content contained in Your account or Service. Livelenz Inc. accepts no liability for such deleted information or content.
g) Responsibility for Fees – Should Livelenz Inc. suspend a portion, but not all, of your Service due to a violation by You of any law, regulation, or policy, You shall remain liable for all fees applicable to the Service as a whole. Should Livelenz Inc. terminate your Service, You are liable for the payment of all fees applicable to the Service up to the date of termination, in addition to any early termination fees (if any).
h) Waiver – You expressly waive any statutory or other legal protection in conflict with the provisions of this Section 5.
As part of the Service, You agree to receive the first of an ongoing series of product update communications related to the Service (“Business Services Product Updates”).
9) PRIVACY AND ACCEPTABLE USE
a) Livelenz Inc. Policies – As part of Your Registration Process, You agree that some communications are required, such as, by way of example and not limitation, customer service messages regarding Your Service, and updates to the Service. In order to opt out of receiving such communications, You must cancel the Service. You also understand and agree that the Service may include certain communications from Livelenz Inc., such as service announcements and administrative messages, that these communications are considered part of Livelenz Inc. membership, and that You will not be able to opt out of receiving them.
b) Prohibited Uses – In addition to those matters set forth in the Livelenz Inc. Policies, You shall not post, transmit, retransmit, or store material on or through any of the Services which, in the sole judgment of Livelenz Inc.
I. is in violation of any local, state, federal, or foreign law or regulation;
II. is threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual, group, or entity (collectively, “Persons”), or
III. violates the rights of any person, Including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations Including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for Your use. You agree that you will NOT knowingly use the Service, among other things, to:
- · upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- · harm minors in any way;
- · impersonate any person or entity, Including but not limited to a Livelenz Inc. official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- · forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- · upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- · upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- · 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, except in those areas (such as shopping rooms) that are designated for such purpose;
- · 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;
- · interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- · intentionally or unintentionally violate any applicable local, state, national or international law;
- · collect, transmit, or store personal or financial data about any individual or entity;
- · promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may Include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating “Crush” sites;
- · collect, transmit, or store any type of adult, mature, or sexually explicit content;
10) ABUSIVE USER BEHAVIOR
Livelenz Inc. uses certain confidential internal and third-party tools and techniques to protect users from abusive and other harmful behavior on the Internet and on the Livelenz Inc. servers. Livelenz Inc. reserves the right to take any action it deems necessary at its sole discretion, Including, without limitation, account termination or suspension, to protect against such abusive or harmful behavior. Livelenz Inc. updates these tools, techniques, and practices from time to time as the abusive practices and industry standards change. You agree that Livelenz Inc. shall not be responsible or liable for any loss or damage of any sort Incurred by You, or any third party, as the result of Livelenz Inc. taking or not taking any actions in response to any actual or perceived abusive user behavior.
11) OWNERSHIP AND SECURITY
You will receive a password from Livelenz Inc. to provide access to and use of Your Service, and You agree to keep Your password confidential. You are entirely responsible for maintaining the security of Your Service, and You are fully responsible for all activities that occur under Your Service and password, and any other actions taken in connection with the registered domain name, including any email accounts or sub-accounts that You create for You or other individuals (“Domain Email Users”). You agree to immediately notify Livelenz Inc. of any unauthorized uses of the Service or any other breaches of security. Livelenz Inc. cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Livelenz Inc. be liable, in any way, for any acts or omissions of You or any user of Your Service to whom You gave access, including any damages of any kind incurred as a result of such acts or omissions.
Livelenz Inc. reserves the right to establish limitations on the extent of any support provided for the Service, and the hours at which it is available.
You agree to indemnify and hold harmless Livelenz Inc., and its parents, subsidiaries, affiliates, co-branders or other partners, officers, directors, shareholders, employees, and agents, from any claim, demand, or investigation, Including reasonable attorneys fees, made by any third party due to or arising out of Your content, Your conduct, Your use of the Service, the goods or services offered or sold through Your Service, any alleged violation of these Terms, Including any applicable Livelenz Inc. Policies, law, or regulation, or any alleged violation of any rights of another, Including but not limited to Your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Your Service. Livelenz Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse Your indemnity obligations.
14) RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Livelenz Inc.
15) GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Livelenz Inc. may establish general practices and limits concerning use of the Service.
16) MODIFICATIONS TO AND DISCONTINUATION OF SERVICE
Livelenz Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Livelenz Inc. shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service.
17) DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THE SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIVELENZ INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
(b) YOUR USE OF THE SERVICE, THE SOFTWARE, AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
(c) THE SECURITY MECHANISM INC.ORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS.
(d) NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT(i) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
(f) LIVELENZ INC. ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
18) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIVELENZ INC. AND ITS AFFILIATES, COBRANDERS, OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS,SHALL NOT BE LIABLE,UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIVELENZ INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE OR THE SOFTWARE; (iii) 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 SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.
LIVELENZ INC.’S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO LIVELENZ INC. OVER THE COURSE OF THE EXISTING TERM. YOU ACKNOWLEDGE THAT LIVELENZ INC. HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Notices under these Terms shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Livelenz Inc., such notices shall be addressed to 1597 Bedford Highway, Bedford, NS, Canada, B4N 1E8. If to You, such notices shall be addressed to the electronic or mailing address specified when You opened Your account, or such other address as either party may give the other by notice as provided above. Livelenz Inc. may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to You generally on the Service.
20) CHOICE OF LAW AND FORUM (LOCATION OF LAWSUIT)
These Terms and the relationship between You and Livelenz Inc. shall be governed by the laws of the Province of Nova Scotia without regard to its conflict of law provisions. You and Livelenz Inc. agree to submit to the personal jurisdiction of the courts located within the Province of Nova Scotia. The failure of Livelenz Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
21) FORCE MAJEURE
Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, Including, but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet (not resulting from the actions or inactions of Livelenz Inc.), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If Livelenz Inc. is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, You may cancel the Service(s), but there shall be no liability on the part of Livelenz Inc.
Except as expressly set forth herein, You may not assign Your rights or delegate Your duties under this Agreement either in whole or in part without the prior written consent of Livelenz Inc., and any attempted assignment or delegation without such consent will be void. Livelenz Inc. may assign this Agreement in whole or part. Livelenz Inc. also may delegate the performance of Services to third parties, including Livelenz Inc. affiliates. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.
23) RELATIONSHIP OF PARTIES
This Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between Livelenz Inc. and You. Neither Livelenz Inc. nor You will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
24) NO THIRD-PARTY BENEFICIARIES
Livelenz Inc. and You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or Your customers.
25) COPYRIGHTS AND COPYRIGHT AGENTS
Livelenz Inc. respects the intellectual property of others, and we ask that You do the same.
26) INTEGRATION AND SEVERABILITY
These Terms constitute the entire agreement between You and Livelenz Inc. and govern Your use of the Service, superseding any prior agreements between You and Livelenz Inc. (Including, but not limited to, any prior versions of these Terms) pertaining to this Service. You also may be subject to additional terms and conditions that may apply when You use affiliate or other Livelenz Inc. services, third-party content, or third-party software. If any provision of these Terms or Incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
The provisions of Sections 1 through this Section 24 will survive any termination or expiration of these Terms.