Below you will find our Terms of Use.
For the most part, this pertains to fair and equitable business
and ethics. Please examine and review for your protection as well as ours.
The finer points are addressed below.
Live Longer, Stronger, Enjoy TERMS AND CONDITIONS OF USE
Live Longer, Stronger, Enjoy is the blog/website at http://strongerenjoy.blogspot.com.
This Site is operated by Live Longer, Stronger, Enjoy and
materials on the Site are primarily owned by Live Longer, Stronger, Enjoy. The
Site may also include materials owned by third parties and posted on the Site
by virtue of a license, grant or some other form of agreement between the third
party and Live Longer, Stronger, Enjoy . Live Longer, Stronger, Enjoy has
created this Site for your personal use, enjoyment and education. However, you
are only authorized to access this Site or to use the materials contained in
the Site (regardless of whether your access or use is intended) if you agree to
abide by all applicable laws, and to these Terms of Use and Our Privacy Policy
which constitute an Agreement between you and Live Longer, Stronger, Enjoy.
Please read these Terms of Use carefully and save them. If you do not agree
with them, you should leave this Site immediately. Any questions or comments
regarding, or problems with this Site should be sent to the Site Administrator
by using the Contact Us feature to the right and conveying your concerns or
with what you are at issue.
Live Longer, Stronger, Enjoy reserves the right to modify or amend
this Agreement without notice at any time. It is therefore important that you
read this page regularly to ensure you are aware of any changes.
If you become aware of misuse or abuse of this Site by any person,
please contact the Site Administrator by using the Contact Us feature to the
right.
ACCESS AND USE
All materials contained in this Site are protected by U.S. and
international trademark and copyright laws and must only be used for personal,
non-commercial purposes. This means that you may only view or download material
from this Site for your own use and you must keep all copyright and other
proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of e-mail,
facsimile or other electronic means), publication, modification, copying or
transmission of material from this Site is STRICTLY PROHIBITED unless you have
obtained the prior written consent of Live Longer, Stronger, Enjoy or unless it is expressly indicated and
allowed by this Site. The material covered by this prohibition includes,
without limitation, any text, graphics, logos, photographs, audio or video
material or stills from audiovisual material available on this Site. The use of
materials from this Site on any other website or networked computer environment
is similarly prohibited. Requests for permission to reproduce or distribute
materials found on this Site can be made by contacting Live Longer, Stronger,
Enjoy in writing at Live Longer, Stronger, Enjoy, Business Affairs at 110
Renaissance Way, Columbia, SC 29204, or by using the Contact Us feature to the
right.
You are also strictly prohibited from creating works or materials
which are derived from or based on the materials contained in this Site
including, without limitation, fonts, icons, link buttons, wallpaper, desktop
themes, on-line postcards and greeting cards and unlicensed merchandise. This
prohibition applies regardless of whether the derivative materials are sold,
bartered or given away.
You agree that any Message whatsoever submitted by you becomes the
property of Live Longer, Stronger, Enjoy and may be used by Live Longer,
Stronger, Enjoy for its own use and only for other uses as stated within Our
Privacy Policy. Live Longer, Stronger, Enjoy will release any and all parts of
a message to legal authorities needing or demanding such under proper and due
jurisdiction.
MEMBERSHIP, CONTROLLED ACCESS, USER NAMES AND PASSWORDS
There are features and controls that may exist regarding access to
certain, sections, pages, content or features which require the user (member)
to establish by means of the user (member) initiating this or these at their
own will. Related and respective access and/or usage will not be granted until
such requirements are satisfied. It is the user's (member's) responsibility to
protect their assigned or created user name(s) or password(s) from use by any
other parties. Although no financial information or access to such is
transmitted directly to our website, http://strongerenjoy.blogspot.com, we do
our best to protect the information submitted by users (members) doing so under
the restriction of a user name and/or password. It is also the user's
(member's) responsibility to inform us if they believe their user name or
password has been compromised.
EXECUTION OF INFORMATION SECURITY
Live Longer, Stronger, Enjoy does its best to employ adequate
protection and security of information provided by Site visitors at the point
of reception within our Site or upon receiving via any other electronic
communications within our computer system/network. Live Longer, Stronger, Enjoy
also does its best to adequately protect and secure any such information once
received and stored.
In most cases, Live Longer, Stronger, Enjoy does not request nor
require information which would identify an individual, although a visitor does
have the opportunity to do so for whatever reason the visitor finds beneficial
or necessary. In certain instances, Live Longer, Stronger, Enjoy may find
provision of such additional information necessary in communicating or conducting
business with a visitor.
FINANCIAL INFORMATION SECURITY
Live Longer, Stronger, Enjoy does not request nor require, via its
Site, financial information which would or will be used, handled or processed
by Live Longer, Stronger, Enjoy.
POP-UPS
Live Longer, Stronger, Enjoy does not employ pop-ups on the Site.
Certain hyper-links activated (initiated) by a visitor may appear or be
presented as a web page or window opening in a reduced size, as a convenience
to the visitor or for the purposes of Live Longer, Stronger, Enjoy. The same
may occur when activating a hyper-link for an authorized third party providing
such on the Site.
Visitors are asked to advise Live Longer, Stronger, Enjoy by using
the Contact Us feature to the right if any uninitiated window or page, reduced
in size or otherwise, appears while visiting any page on the Site.
UNSOLICITED SUBMISSIONS
If unsolicited submissions are sent to Live Longer, Stronger,
Enjoy via this Site, these submissions become the property of Live Longer,
Stronger, Enjoy and may be used, copied, sublicensed, adapted, transmitted,
distributed, publicly performed, published, displayed or deleted as Live
Longer, Stronger, Enjoy sees fit. You agree that you are not entitled to any
compensation, credit or notice whatsoever and that by sending an unsolicited
submission you waive the right to make any claim against Live Longer, Stronger,
Enjoy, or affiliates relating to unsolicited submissions, including, without
limitation, unfair competition, breach of implied contract or breach of
confidentiality. See Our Privacy Policy for more about how we prefer to handle
unsolicited submissions.
LINKS AND ADVERTISING
If you are interested in creating hypertext links to this Site,
you must contact Live Longer, Stronger, Enjoy by mail, 110 Renaissance Way,
Columbia, SC 29204, phone 803-553-5757or by using the Contact Us feature to the
right before doing so. In establishing hypertext links, you must not represent
in any way, expressly or by implication, that you have received the
endorsement, sponsorship or support of this Site or Live Longer, Stronger,
Enjoy, including its respective employees, agents or officers.
If Live Longer, Stronger, Enjoy has provided links or pointers to
other websites, no inference or assumption should be made and no representation
should be implied that Live Longer, Stronger, Enjoy is connected with, operates
or controls these websites. Live Longer, Stronger, Enjoy is not responsible for
the content or practices of third party websites that may be linked to this
Site. Our Site may also be linked to other websites operated by companies
affiliated or connected with Live Longer, Stronger, Enjoy. When visiting other
websites, however, you should refer to each such website's individual
"Terms of Use" and not rely on this Agreement.
Live Longer, Stronger, Enjoy takes no responsibility for third
party advertisements which are posted on this Site, nor does it take any
responsibility for the goods or services provided by its advertisers.
TERMINATION
Live Longer, Stronger, Enjoy reserves the right to immediately
terminate your use of, or access to, this Site at any time if Live Longer,
Stronger, Enjoy decides at its sole discretion that you have breached this
Agreement or any relevant law, rule or regulation or you have engaged in
conduct that Live Longer, Stronger, Enjoy considers to be inappropriate or
unacceptable.
COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site
constitutes infringement of your copyright, you should notify Live Longer,
Stronger, Enjoy of your copyright infringement claim in accordance with the
following procedure. Live Longer, Stronger, Enjoy will process notices of
alleged infringement which it receives and will take appropriate action as
required by the Digital Millennium Copyright Act ("DMCA") and other
applicable intellectual property laws. The DMCA requires that notifications of
claimed copyright infringement should be sent to this Site's Designated Agent,
whom is: Live Longer, Stronger, Enjoy, Attn: Legal Affairs, 110 Renaissance
Way, Columbia, SC 29204.
To be effective, the notification must be in writing and contain
the following information (DMCA, 17 U.S.C. 512(c)(3)): 1.) Physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; 2.) Identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site; 3.) Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the
material; 4.) Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be
contacted; 5.) A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; 6.) A statement that the information in
the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
DISCLAIMER OF LIABILITY AND WARRANTIES
While Live Longer, Stronger, Enjoy does its best to ensure the
optimal performance of the Site, you agree that your use of this Site and
reliance on material contained in this Site is at your own risk. The Site, and
all materials in this Site, are provided "as is" and, to the fullest
extent permitted by law, are provided without warranties of any kind either
express or implied. This means, without limitation, that Live Longer, Stronger,
Enjoy DOES NOT WARRANT that the Site is fit for any particular purpose; that
the functions contained in the materials in the Site will be uninterrupted;
that defects will be corrected; that the Site is free of viruses and other
harmful components or that the Site is accurate, error free or reliable. You
acknowledge that Live Longer, Stronger, Enjoy, and its affiliates, together
with their respective employees, agents, directors and officers, IS NOT LIABLE
for any delays, inaccuracies, failures, errors, omissions, interruptions,
deletions, defects, viruses, communication line failures or for the theft,
destruction, damage or unauthorized access to your computer system or network.
You acknowledge that Live Longer, Stronger, Enjoy is not liable
for any defamatory, offensive or illegal conduct or material found in
connection with this Site, including such conduct or material transmitted by
any means by any other person.
You acknowledge that Live Longer, Stronger, Enjoy is not liable
for any damages, including, without limitation, direct, incidental, special, consequential
or punitive damages, in connection with or arising from your use or from your
inability to use the Site.
NO WARRANTY
WE, OUR ASSOCIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR
SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other legal rights that
vary from state to state.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR
SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may not apply to
you.
INDEMNITY
You agree to defend, indemnify and hold harmless Live Longer,
Stronger, Enjoy, its parents and affiliates together with their respective
employees, agents, directors and officers, from and against all the
liabilities, claims, damages and expenses (including reasonable attorney's fees
and costs) arising out of your use of this Site; your failure to use the Site;
your breach or alleged breach of this Agreement or your breach or alleged
breach of the copyright, trademark, proprietary or other rights of third
parties.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of our service
and your bidding on, listing, purchase, solicitation of offers to purchase, and
sale of items.
GENERAL PROVISIONS This Agreement operates to the fullest extent
permissible by law. If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this Agreement and does
not affect the validity and enforceability of any remaining provisions. This
Agreement is governed by, and construed in accordance with, the laws of the State
of South Carolina without giving effect to any principles of conflicts of law.
You agree to submit to the exclusive jurisdiction of the courts of the State of
South Carolina or, if appropriate, the United States District Court for the
District of South Carolina for resolution of any dispute, action or proceeding
arising in connection with this Agreement or your use or non-use of the Site,
and you further irrevocably waive any right you may have to trial by jury in
any such dispute, action or proceeding.
NOTICES
Except as explicitly stated otherwise, any notices shall be given
by postal mail to Live Longer, Stronger, Enjoy, Attn: Legal Affairs, 110
Renaissance Way, Columbia, SC 29204 (in the case of Live Longer, Stronger,
Enjoy) or to the e-mail address you provided to Live Longer, Stronger, Enjoy
during the registration process (in your case). Notice shall be deemed given 24
hours after e-mail is sent, unless the sending party is notified that the
e-mail address is invalid. Alternatively, we may give you notice by certified
mail, postage prepaid and return receipt requested, to the address provided to Live
Longer, Stronger, Enjoy during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and Live Longer,
Stronger, Enjoy, our goal is to provide you with a neutral and cost effective
means of resolving the dispute quickly. Accordingly, you and Live Longer,
Stronger, Enjoy agree that any claim or controversy at law or equity that
arises out of this Agreement or our services ("Claims") shall be
resolved in accordance with one of the subsections below or as otherwise
mutually agreed upon in writing by the parties. Before resorting to these
alternatives, we strongly encourage you to first contact us directly to seek a
resolution and we will consider reasonable requests to resolve the dispute
through alternative dispute resolution procedures, such as mediation, as an
alternative to litigation.
1 Binding Arbitration. For any Claim (excluding Claims for
injunctive or other equitable relief) where the total amount of the award
sought is less than $10,000, you or Live Longer, Stronger, Enjoy may elect to
resolve the dispute through binding arbitration conducted by telephone, on-line
and/or based solely upon written submissions where no in-person appearance is
required. In such cases, the arbitration shall be administered by the American
Arbitration Association or JAMS in accordance with their applicable rules, or
any other established ADR provider mutually agreed upon by the parties. Any
judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.
2 Court. Alternatively, any Claim may be adjudicated by a court of
competent jurisdiction located in Richland County, South Carolina. You and Live
Longer, Stronger, Enjoy agree to submit to the personal jurisdiction of the
courts located within the County of Richland, South Carolina.
3 Alternative Dispute Resolution. Alternatively, Live Longer,
Stronger, Enjoy will consider use of other alternative forms of dispute
resolution, such as binding arbitration to be held in Richland County, South
Carolina or another location mutually agreed upon by the parties. All Claims
(excluding requests for injunctive or equitable relief) between the parties
must be resolved using the dispute resolution mechanism that is selected in
accordance with this Section by the first party to file a Claim. Should either
party file an action contrary to this Section, the other party may recover
attorneys' fees and costs up to $1000, provided that the party seeking the
award has notified the other party in writing of the improperly filed Claim,
and the other party has failed to withdraw the Claim. You agree that this
Agreement and all incorporated agreements may be automatically assigned by Live
Longer, Stronger, Enjoy in our sole discretion. Headings are for reference
purposes only and in no way define, limit, construe or describe the Scope or
extent of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches. This Agreement sets forth the entire understanding and agreement
between us with respect to the subject matter hereof.
DISCLOSURES
The services hereunder are offered by Live Longer, Stronger, Enjoy,
located at 110 Renaissance Way, Columbia, SC. If you are a South Carolina
resident, you may have this same information e-mailed to you by sending a
letter to the foregoing address with your e-mail address and a request for this
information.
COPYRIGHTS (C) / TRADEMARKS (TM) / SERVICE MARKS (SM)
(C) 2017 Live Longer, Stronger, Enjoy. All trademarks are owned by
Live Longer, Stronger, Enjoy or are used under license. All rights reserved.
All materials contained in Live Longer, Stronger, Enjoy websites are protected
by copyright and trademark and shall not be used for any purpose whatsoever
other than private, non-commercial viewing purposes. Reproduction, duplication,
distribution, derivative works, and other unauthorized copying or use of
stills, audio, video footage, or any other materials contained herein are
expressly prohibited.
(C) 2017 Live Longer, Stronger, Enjoy. All rights reserved
No comments:
Post a Comment