DESCRIPTION OF ONLINE SERVICES
The Site and Online Services are provided for your information and entertainment. You understand and agree that our Site and Online Services are intended for general reference purposes only and are not intended to address specific medical conditions. Furthermore, you understand and agree that our Site and Online Services are provided “AS IS” and that Live + Breathe assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and the inability to access all or part of our Site or Online Services.
PRICING AND OTHER ERRORS ON OUR SITE
Live + Breathe attempts to make sure that the information on the Site is correct and complete. However, Live + Breathe makes no representation that the information on the Site is correct, complete or current. Unfortunately, errors may periodically occur. If so, errors will be corrected where discovered, and Live + Breathe reserves the right to revoke any offer and correct any errors, inaccuracies or omissions, including after an order has been submitted (whether or not the order has been confirmed and your credit card charged). If the order is cancelled after you have been charged, Live + Breathe will issue a credit in the amount of the charge. See your individual bank’s policies as to when this amount will be credited to your account. Prices and availability of products and services are subject to change without notice.
USE OF SOFTWARE
Company may make certain software available to you from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights of the Software to you, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
You grant Company a license to use the materials you post to the Site or Online Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Online Services, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Online Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Online Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Online Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
DESIGNATED DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) AGENT FOR NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT Name: ERIN HANSON Company Name: Live + Breathe
Address: 336 Rosemont Street, La Jolla, CA 92037
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE ONLINE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR ONLINE SERVICES PROVIDED TO YOUR BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Company imposes certain restrictions on your permissible use of the Site and the Online Services. You are prohibited from violating or attempting to violate any security features of the Site or Online Services, including without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Online Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Online Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Online Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e- mail or in any posting using the Online Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Online Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
CALIFORNIA USE ONLY
The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.