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WEBSITE TERMS OF USE
Welcome to ServiceLive.com (the "Site" or "ServiceLive"). ServiceLive is a venue
(the “ Service”), connecting buyers (“ Buyers”) with Provider Firms and/or Service Pros (each a “ Provider Firm” together with the Buyers, collectively, “ Members”) and by using this site you acknowledge that ServiceLive is not a participant in the transaction between the Buyers and the Services Providers and ServiceLive is not responsible for the content of Buyers offers or for the
performance of Services by Provider Firms. The following terms of use ( "Terms of Use, Agreement") govern your access, use and subscription (collectively, "Subscription") to this Site. BY YOUR SUBSCRIPTION TO, OR OTHERWISE ACCESSING,
BROWSING, SUBMITTING INFORMATION, OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE
THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE AND ANY OTHER
TERMS PRESENTED WITH ANY CONTENT OR OTHER MATERIALS LOCATED ON THE SITE. YOU
EXPRESSLY AGREE AND CONSENT TO BE BOUND BY THE TERMS OF USE AS MODIFIED FROM
TIME TO TIME BY SERVICELIVE.
IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MUST DISCONTINUE YOUR ACCESS TO AND
USE OF THE SITE. SERVICELIVE MAY AMEND THESE TERMS OF USE AT ANY TIME AND FROM
TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST TERMS OF USE WILL BE
POSTED ON THE SITE. ANY CHANGES TO THESE TERMS OF USE SHALL BE EFFECTIVE
IMMEDIATELY FOLLOWING THE POSTING OF SUCH CHANGES. YOU AGREE TO REVIEW THESE
TERMS OF USE FROM TIME TO TIME AND AGREE THAT ANY SUBSEQUENT ACCESS TO OR USE BY
YOU OF THE SITE FOLLOWING CHANGES TO THE TERMS OF USE SHALL CONSTITUTE YOUR
ACCEPTANCE OF ALL SUCH CHANGES.
1. Content on ServiceLive.com. Ownership. Unless otherwise noted, all
text, content, and documents on the Site (the "Documents"), and the
organization, design, compilation, look and feel, graphics, illustrations,
artwork, video, music, images, software or other works or materials
(collectively, with the Documents, hereinafter referred to as the "Materials")
are owned or licensed by ServiceLive and/or a third party (hereinafter
collectively referred to as the ( "Proprietary Information Owner”) and are
protected under copyright, trademark and other intellectual property and
proprietary rights laws. As between ServiceLive and you, all right, title and
interest in and to the Materials will at all times remain with the ServiceLive
and/or it’s Proprietary Information Holder. ServiceLive respects the rights of
all intellectual property owners and in this regard, it has adopted and
implemented a policy that provides for the suspension and/or termination in
appropriate circumstances of users who infringe the rights of others. Except for
that information which is in the public domain or for which you have been given
written permission, you may not copy, modify, publish, transmit, distribute,
perform, display or sell any such proprietary information.
Relying on Content. Opinions, advice, statements, offers, or other information
or content made available through the Service, but not directly by ServiceLive,
are those of their respective authors, and should not necessarily be relied
upon. Such authors are solely responsible for such content. ServiceLive does
not: (i) guarantee the accuracy, completeness, or usefulness of any information
on the Site, or (ii) adopt endorse or accept responsibility for the accuracy or
reliability of any opinion, advice or statement made by any party that appears
on the Site or through the Subscription. Under no circumstance will ServiceLive
or its affiliates be responsible for any loss or damage resulting from your
reliance on information or other content posted on the Site or transmitted to or
by any Members, whether Buyers or Provider Firms or Service Pros.
2. Content Posted by You on the Site; By using this Site, you are solely
responsible for the Content that you publish or display (“Post”) on the Site, or
transmit to other Members. You will not Post on the Site, or transmit to the
other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive,
sexually oriented, threatening, harassing, racially offensive, or illegal
material, or any material that infringes or violates another party’s (including,
but not limited to, intellectual property rights, and rights of privacy and
publicity). You will not provide inaccurate, misleading or false information to
ServiceLive or any other Member. If information provided to ServiceLive, or
another Member, subsequently becomes inaccurate, misleading or false, you will
notify ServiceLive immediately.
You agree that ServiceLive may review and delete any content, messages, or
photos (“Content”), in each case in whole or in part, that in the sole judgment
of ServiceLive, violate this Agreement or which might be offensive, illegal or
that might violate the rights, harm or threaten the safety of Members.
By posting Content to ServiceLive, you automatically grant, and you represent
and warrant that you have the right to grant, to ServiceLive and its affiliates,
licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, reproduce, adapt, modify and
distribute such information and content and to prepare derivative works of, or
incorporate into other works, such information and Content, and to grant and
authorize sublicenses of the foregoing. You further represent and warrant that
public posting and use of your Content by ServiceLive will not infringe or
violate the rights of any third party.
The following is a limited list of the type of Content that is illegal or
prohibited on the Site. ServiceLive reserves the right to investigate and take
appropriate legal action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending communication
from the Site and terminating the membership of such violators. It includes
Content that:
Is offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of “junk mail”, “chain letters” or unsolicited mass
mailing or “spamming”;
- Promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes illegal or unauthorized copy of another person’s copyrighted work, such
as providing pirated computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices or providing prated
images, audio or video or links to pirated images, audio or video files;
- Contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
- Provides materials that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under the age of
18;
- Provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone’s privacy or providing or creating
computer viruses; and
Solicits passwords or personal identifying information for commercial or
unlawful purposes from other users.
- Your use of this Site, including but not limited to the Content you post on the
Site, must be in accordance with any and all applicable laws and regulations.
- You may not engage in advertising to or solicitation of, other Members for
anything other than the posting of Work Orders through the mechanisms provided
by ServiceLive for such Work Order postings. This includes, but is not limited
to solicitation or advertising to buy or sell products or services through the
Site or to attend parties or other social functions or networking for commercial
purposes.
- You may not transmit any chain letters or junk email to other Members.
Although ServiceLive may not, in all circumstance be able to monitor the conduct
of its Members off the Site, it is also a violation of these rules to use any
information obtained from the Site in order to harass, abuse or harm another
person, or in order to contact, advertise to, solicit or sell to any member
without their prior explicit consent. In order to protect our members from such
advertising or solicitation, ServiceLive reserves the right to restrict the
number of emails which a Member may send to other Members in any 24-hour period
to a number ServiceLive deems appropriate in our sole discretion.
- All information you include in your Member profile must be accurate, current and
complete. You further represent and warrant that that the information in your
member profile is true and accurate at all times.
3. Prohibited Activities. ServiceLive reserves the right to investigate and
terminate your membership if you have misused the Site or behaved in a way which
could be regarded as inappropriate or your conduct is unlawful or illegal. The
following is a non-exhaustive list of the type of actions that you may not
engage in with respect to the Site:
- You will not impersonate any person or entity.
- You will not “stalk” or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by
ServiceLive without specific written consent.
- You will not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, “data mine”, or in any
way reproduce or circumvent the navigational structure or presentation of the
Site or its contents.
- You will not post, distribute, or reproduce in any way copyrighted materials,
trademarks, or other proprietary information without obtaining the prior consent
of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices
contained in the Site.
- You will not interfere with or disrupt the Site or the servers or networks
connected to the Site.
- You will not post, email or otherwise transmit any material that contained
software viruses or any other computer codes, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Site.
- You will not “frame” or “mirror” any part of the Site, without ServiceLive’s
prior written consent. You also shall not use meta tags or code or other devices
containing any reference to ServiceLive or the Site in order to direct any
person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Site or any
software used on or for the Site or cause others to do so.
4. Copyright Policy. ServiceLive grants you a non-exclusive, limited, personal,
non-transferable, revocable, right and license, without right to sublicense, to
access and use the Materials on the following conditions: (a) you may not
modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the Content, in whole or in
part, (b) you may download or print copyrighted material for your personal use
only, (c) except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial exploitation
of downloaded or printed material will be permitted without the express
permission of ServiceLive and the copyright owner, (d) in the event of any
permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made, (e) you acknowledge that you do not acquire any ownership
rights by downloading copyrighted material, and (f) you will use the Materials
and any referenced services and products on the Site or accessible via the Site
for lawful purposes only. Any other use of the Materials without ServiceLive's
prior written consent is expressly prohibited. Except as expressly provided
herein, nothing on the Site shall be construed as conferring any license under
ServiceLive's and/or its intellectual property rights, whether by estoppel,
implication or otherwise. All rights not expressly granted herein are reserved.
Notwithstanding anything herein to the contrary, SERVICELIVE MAY REVOKE ANY OF
THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO
USERS OF THE SITE AT ANY TIME AND WITHOUT PRIOR NOTICE.
5. Online Privacy Policy. Our online Privacy Policy (Add Link) is incorporated
herein by reference and forms a part of these Terms of Use and describes the
collection, use, and sharing of personally identifiable and other information
that may be provided in connection with the use of, and your Subscription to the
Site, which you should read carefully before accessing or using the Site.
6. Disclaimers and Limitation on Liability.
(a) DISCLAIMER OF WARRANTIES. The Site contains information, facts and opinions
from various individuals and organizations. ServiceLive is not responsible for
the conduct, whether online or offline, of any user of the Site or Member of the
Service. THE CONTENTS OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS,
ARE PROVIDED "AS IS," AND SERVICELIVE MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS CONTENTS.
SERVICELIVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH THE
SITE AND ANY SERVICES, PRODUCTS OR THE MATERIALS ACCESSIBLE THEREIN, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE
FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN SERVICELIVE HEREBY
GRANTS THE MINIMUM EXPRESS AND IMPLIED WARRANTIES REQUIRED BY SUCH APPLICABLE
LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
SITE OR THE MATERIALS, SERVICELIVE EMPLOYEES, AGENTS, SUPPLIERS, LICENSOR(S) OR
ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT
EXPRESSLY STATED IN THIS SECTION 6.
(b) ADDITIONAL DISCLAIMERS. SERVICELIVE DOES NOT REPRESENT OR WARRANT THAT THE
SITE, THE CONTENT, THE MATERIALS OR ANY INFORMATION, PRODUCTS OR SERVICES
PROVIDED OR ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE OR CURRENT AND
SERVICELIVE DOES NOT WARRANT THAT YOUR USE OF THE SAME WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, BE UNINTERRUPTED, VIRUS OR ERROR-FREE, OR
COMPLETELY SECURE. THE SITE AND ANY MATERIALS COULD CONTAIN TYPOGRAPHICAL ERRORS
OR TECHNICAL INACCURACIES. SERVICELIVE RESERVES THE RIGHT TO ADD TO, CHANGE OR
DELETE CONTENT OR MATERIALS WITHIN THE SITE OR ANY PART THEREOF WITHOUT NOTICE.
ADDITIONALLY, YOU ACKNOWLEDGE THAT THE SITE CONTAINS INFORMATION PROVIDED BY
THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, SOME OF THE DOCUMENTS.
SERVICELIVE DOES NOT ENDORSE AND SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR
RELIABILITY OF ANY CONTENT, OPINION, ADVICE OR STATEMENT CONTAINED ON THE SITE
OR MATERIALS ACCESSIBLE VIA THE SITE. FURTHER, SERVICELIVE MAKES NO
REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY
OR RELIABILITY OF SUCH INFORMATION OR MATERIALS. SERVICELIVE IS NOT RESPONSIBLE
FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED
BY SUCH THIRD PARTIES.
(c). LIMITATION ON LIABILITY. Your use of and/or reliance on the Site and any
information herein is at your own risk. NEITHER SERVICELIVE NOR ANY OF ITS
SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR
AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL,
LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE SITE OR ANY INFORMATION, MATERIALS, OR SERVICES
CONTAINED THEREIN, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A
RESULT OF ANY INFORMATION AVAILABLE ON THE SITE, WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. YOU HEREBY
WAIVE ANY AND ALL CLAIMS AGAINST SERVICELIVE AND ITS SHAREHOLDERS, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS REPRESENTATIVES OR AFFILIATES ARISING OUT OF YOUR
USE OF THE SITE, THE CONTENT, AND ANY INFORMATION AND MATERIALS AVAILABLE
THEREON. WITHOUT LIMITING THE FOREGOING, SERVICELIVE SHALL HAVE NO LIABILITY (i)
FOR ANY INACCESSIBILITY OF, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION
OF THE SITE, THE MATERIALS OR ANY INFORMATION OR SERVICES THEREUNDER, OR (ii)
WITH RESPECT TO ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, ON OR THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE SITE OR THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES
ACCESSIBLE THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR
SUBSCRIPTION AND USE OF THE SITE.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE
BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE, THE MATERIALS, AND ANY
SERVICES, PRODUCTS, OR INFORMATION OFFERED THROUGH THE SITE WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND
EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL
SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES AND/OR THE EXCLUSION OF CERTAIN REMEDIES, IN SUCH
JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF SERVICELIVE SHALL BE LIMITED TO
THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
UNLESS INDICATED OTHERWISE, SERVICES PROVIDED THROUGH THE USE OF THIS SITE ARE
NOT FROM OR THROUGH SERVICELIVE. SERVICELIVE IS A VENUE, SERVICES REQUESTED BY
BUYERS AND PROVIDED BY PROVIDER FIRMS ARE IN NO WAY SERVICELIVE’S RESPONSIBILITY
OR CONTROL OF SERVICELIVE AND SERVICELIVE CANNOT, AND DOES NOT, GUARANTEE THE
ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION OR THE MATERIALS, INCLUDING
PRICES, SPECIFICATIONS, AVAILABILITY AND SERVICES. POSTINGS ARE THE
RESPONSIBILITY OF THE BUYERS AND SERVICES ARE THE RESPONSIBILITY OF THE PROVIDER
FIRMS AND SERVICE PROS.
IN ADDITION TO THE PRECEDING PARAGRAPH AND OTHER PROVISIONS HEREIN ANY ADVICE
THAT MAY BE POSTED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT
INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, LEGAL, MEDICAL
OR OTHER ADVICE. SERVICELIVE MAKES NO REPRESENTATIONS OR WARRANTIES AND
EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY OR
EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED ON THE SITE
OR THROUGH THE SERVICE.
7. Modification to Service. ServiceLive reserves the right at anytime to modify
and/or discontinue, temporarily or permanently, the Service, the Site (or any
part thereof) with or without notice. You agree that ServiceLive shall not be
liable to you or any third party for any modification, suspension or
discontinuance of the Site or Services.
8. Blocking of IP Addresses. In order to protect the integrity of the Site,
ServiceLive reserves the right at any time, in its sole discretion, to block
Members from certain IP addresses from accessing the Site.
9. Links. The Site may provide, or third parties may provide, links to other
World Wide Web sites or resources. Since ServiceLive has no control over such
sites and resources, you acknowledge and agree that ServiceLive is not
responsible for the availability 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. You
further acknowledge and agree that ServiceLive shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of, or reliance upon, any such Content,
goods, services available on or through any such site or resource.
10.
Password and Security. Your access to and use of your Subscription requires
you to register and provide ServiceLive with current, complete and accurate
information as prompted by the applicable registration form. You will choose a
password and user name. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you shall be solely
responsible and liable for all transactions and activities in connection with
your account, whether or not such transactions and/or activities were authorized
by you. You agree not to provide your account information to third parties and
shall bear all responsibility for the confidentiality of your password. You
shall be responsible for the security, confidentiality and integrity of all
messages and the content that you receive, transmit through or store via the
Site. You agree to notify ServiceLive immediately of any known or suspected
unauthorized access to or use of your account, your password, or any other
breach of security or misuse known to or suspected by you. You may change your
password at any time by following instructions on the Site. You hereby authorize
ServiceLive to rely on any data, notice, instruction or request furnished by you
to ServiceLive, or that ServiceLive reasonably believes to have been furnished
by you.
11. Governing Law. These Terms of Use shall be governed by and construed in
accordance with the laws of the State of Illinois, USA, other than such laws,
rules, regulations and case law that would result in the application of the laws
of a jurisdiction other than the State of Illinois.
12. Complete Agreement; Changes to the Terms of Use. These Terms contain the
complete agreement and understanding between the parties with respect to the
subject matter hereof and supersedes any prior agreements or understandings,
written or oral.
13. Trademarks. The ServiceLive logos and trademarks, as well as other marks,
trade names, trademarks and logos on this Site are the properties of their
respective owners. You may not use, reproduce, copy or manipulate such logos in
any manner without the prior written consent of the owner. Nothing contained on
the Site or in connection with any Subscription should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any mark
displayed on this Site without prior written permission of ServiceLive or the
respective owners.
14. Indemnification. You agree to defend, indemnify, and hold harmless
ServiceLive, its shareholders, officers, directors, employees, agents,
representatives, and affiliates from and against any claims, actions, demands,
liabilities, damages and expenses, including without limitation, reasonable
attorney's fees and costs of investigation, arising out of or in connection with
(a) your violation of any term of these Terms of Use, (b) your use or misuse of
the Site, the Service, or other act or omission by you, or (c) with respect to
any claim of defamation, invasion of privacy, right of publicity, unfair
competition, infringement of a third person's intellectual property or other
proprietary rights or obscenity relating to your use of the Site. ServiceLive
reserves the right to participate in such defense and settlement with its own
counsel at its own expense. In no event shall you enter into any settlement that
purports to bind ServiceLive without ServiceLive' prior written consent, not to
be unreasonably withheld or delayed. ServiceLive shall provide you reasonably
prompt notice of any such claim and shall reasonably cooperate with you in the
defense and/or settlement of such claim at your sole expense.
15. No Third Party Beneficiaries. You agree that, except as otherwise expressly
provided in this Agreement, there shall be no third party beneficiaries to this
Agreement.
16. Termination. ServiceLive may terminate your Subscription and any access to
the Site at any time. Upon termination, you agree to cease all use of the Site.
Without limiting the foregoing, ServiceLive shall have the right to immediately
terminate your Subscription and access and use of the Site, or any portion of
the Site, in the event of any conduct by you, or through your account, which
ServiceLive, in its sole discretion, considers to be unacceptable, or in the
event of any breach by you of these Terms of Use.. The provisions of Sections 1,
6, 11, 13, 14 and 18 shall survive and continue in force and effect, in addition
to any other provision of these Terms of Use that by its nature is intended to
survive.
17. U.S. Export Controls. Software from this Site (the “Software”) is further
subject to United States export controls. No Software may be downloaded from the
Site or otherwise exported or re-exported (i) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other Country to which
the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S. Commerce
Department’s Table of Deny Orders. By downloading or using the Software, you
represent and warrant that you are not located in, under the control of, or a
national or resident of any such Country or on any such list.
18. Miscellaneous. ServiceLive's failure to enforce any provision of these Terms
of Use shall not be deemed a waiver of such provision nor of the right to
enforce such provision. If any part of these Terms of Use is determined to be
invalid or unenforceable pursuant to applicable law, including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of these Terms of Use shall continue in force and
effect. A printed version of these Terms of Use and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to these Terms of Use to the same extent and subject to
the same conditions as other business documents and records originally generated
and maintained in printed form. This Site and its contents are not directed at
children under the age of 13, and no children under the age of 13 should use or
submit any personal information.
I HAVE READ THESE TERM OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE. Last Update: October 15, 2007
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