Terms of use agreement
You and LiveEasy
Welcome to www.liveeasy.com and the corresponding Live Easy mobile applications (collectively the “Site”). The term “Live Easy” or “us” or “we” or “our” refers to Live EZ, Inc., a Delaware corporation, the owner of the Site. The term “you” or “User” refers to the user or viewer of our Site.
Acceptance of Agreement
By using the Site or downloading the mobile application you agree to comply with and be bound by the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to the Site. You understand and agree that you are entering into this Agreement electronically, which will have the same force and effect as an agreement in writing. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. You further agree that we may provide you with required notices and terms about the Site electronically, either by (a) posting such notice on the Site or (b) by sending you an e-mail to the e-mail address that you provided to us. You may always review the most current version of this Agreement by clicking on the “Terms & Conditions” link on the home page of the Site.
Copyright and Proprietary Information
In this Agreement, the content on the Site, including all information, writings, methods, data, logos, marks, designs, graphics, pictures, sound files, digital download files, other files, and their selection and arrangement, is called “Content.” All Content and all software available on the Site or used to create and operate the Site is the property of Live Easy or its licensors, and is protected by domestic and international copyright laws, and all rights to the Site, such as Content and such software, are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Live Easy.Content provided by users is called “User Content.” User Content includes, but it is not limited to, profile information and moving information supplied by users, posts and questions submitted to the Site, certain biographical information supplied by users, technical information about the device you use to access the Site, reviews, comments, and any information submitted by a User for display on the Site. All User Content is that User’s property. Live Easy’s only right to that User Content is the limited licenses granted to it in this Agreement.
Our Limited License of Content to You.
Live Easy grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site, to download the mobile application to use the Site, and to view, copy and print the portions of the Content available to you on the Site for personal use only or for use by your specific business; provided, however, that no Content may be distributed by you to any third parties without our express permission. Such license is subject to this Agreement and specifically conditioned upon your compliance with this Agreement. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by us at any time.
Your Limited License of Content to Us.
We do not claim any ownership interest in your User
Content, but we do need the right to use your User Content to the extent
necessary to provide content to Users and to operate the Site now and
in the future. We also need the right to use your User Content in order
to aggregate certain raw data contained or derived from that content, in
a manner consistent with our Privacy Policy , to provide our Users
additional services and information.
Therefore, by posting or distributing User Content to or
through the Site, you (a) grant Live Easy and its affiliates and
subsidiaries a non-exclusive, royalty-free, sub-licensable, transferable
right to use, display, perform, reproduce, distribute, publish, modify,
adapt, translate, and create derivative works from such User Content on
the Site, in the manner in and for the purposes for which the Site from
time to time uses such User Content; and (b) represent and warrant that
(i) you own and control all of the rights to the User Content that you
post or otherwise distribute, or you otherwise have the lawful right to
post and distribute that User Content, to or through the Site; and (ii)
the use and posting or other transmission of such User Content does not
violate this Agreement and will not violate any rights of or cause
injury to any person or entity. If your User Content is intended for the
use of other Users on the Site, you also grant us and our affiliates
and subsidiaries a non-exclusive, royalty-free, transferable right to
sublicense such User Content to such Users for their use in connection
with their use of the Site.
Linking to the Site.
You may provide links to the Site, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Registration.
To use certain portions of the Site requires you to register. When registering you agree to provide us with accurate, complete registration information. You must be at least 18 years old to use the Site. Your registration must be done using accurate information. You are responsible for preventing any unauthorized use, and you agree to accept all risks of unauthorized access to your registration data.
Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and complies with
applicable laws. We are not responsible for the illegality or any error,
inaccuracy or problem in the advertiser’s or sponsor’s materials.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free
of viruses or other harmful components, or that defects will be
corrected. We do not represent or warrant that the information available
on or through the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality or content
of the Site at any time. We reserve the right in our sole discretion to
edit or delete any documents, information or other content appearing on
the Site. We are not obligated to create or provide support,
corrections, upgrades, bug fixes and/or enhancements to the Site.
Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any content in a third party link, including, but not limited to, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Disclaimer.
THE INFORMATION, CONTENT DOCUMENTS, AND ALL SERVICES
PROVIDED BY OR FACILIATED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS
AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT
AS PROVIDED IN THE NEXT SECTION. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE
OFFER NO GUARANTEE THAT ANY OF THE CONTENT ON THE SITE IS CORRECT OR
THAT IT WILL LEAD TO ANY SPECIFIC OUTCOME. WE OFFER NO GUARANTEES THAT
ANY OF THE SERVICES OFFERED ON THE SITE OR FACILITATED THROUGH THE SITE
WILL LEAD TO ANY SPECIFIC OUTCOME. YOU ACKNOWLEDGE THAT ANY RELIANCE ON
SUCH CONTENT OR SERVICES IS AT YOUR OWN RISK.
THIS SITE AND THE
PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OR MOVING SERVICES OBTAINED BY YOU FROM US THROUGH THE
SITE OR OTHERWISE SHALL CREATEANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE
ELECTRONIC FILE CONTAINING A FORM, DOCUMENT, OR THE MOBILE APPLICATION
IS DISCLAIMED.
Limitation of Liability.
(a) We and any Affiliated Party shall not be liable
for any loss, injury, claim, liability, or damage of any kind resulting
in any way from (i) any errors in or omissions from the Site or any
services or products obtainable therefrom, (ii) the unavailability or
interruption of the Site or any features thereof, (iii) your use of the
Site, (iv) the content contained on the Site or (v) services provided or
failure to provide services by a mover facilitated through the Site.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR
MOVING SERVICES OBTAINED THROUGH THE SITE, INFORMATION, DOCUMENTS AND
SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE GREATER OF $100
OR THE AMOUNT SPENT ON SERVICES OR PRODUCTS OFFERED BY THE SITE IN THE
TWELVE (12) MONTHS PRIOR TO THE CAUSE OF SUCH CLAIM, AND THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy . All remarks, suggestions, ideas, graphics, or other information about the Site communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this Privacy Policy .
Exportation.
You may not use or otherwise export or re-export the
mobile application you use to access the Site except as authorized by
United States law and the laws of the jurisdiction in which the mobile
application was obtained. In particular, but without limitation, the
mobile application may not be exported or re-exported (a) into any U.S.
embargoed countries or (b) to anyone on the U.S. Treasury Department’s
list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person’s List or Entity List. By using the mobile
application, you represent and warrant that you are not located in any
such country or on any such list. You also agree that you will not use
these products for any purposes prohibited by United States law,
including, without limitation, the development, design, manufacture or
production of nuclear missiles, or chemical or biological weapons.
17. U.S. Government Restricted Rights.
The mobile and related documentation are “Commercial Items,” as that
term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer
Software” and “Commercial Computer Software Documentation,” as such
terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as
applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to U.S.
Government end users (a) only as Commercial Items and (b) with only
those rights as are granted to all other end users pursuant to the terms
and conditions herein. Unpublished-rights are reserved under the
copyright laws of the United States.
Legal Compliance.
You agree to comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your
use of the Site and the content and materials provided therein.
Inactive Accounts; Cancellation; Termination of Agreement.
You and/or Live Easy may terminate this Agreement and your use of the
Site at any time. Specifically, we reserve the right to terminate your
user account and your use of the Site without prior notice if we believe
in our discretion that you have violated or acted inconsistently with
this Agreement. When your account is terminated, we may retain an
archival copy of your User Content after termination for up to sixty
(60) days; however, we do not make any guarantee that we will do so.
Miscellaneous.
You and we are independent parties, and nothing in
this Agreement creates a partnership, employment relationship or agency.
There are no third-party beneficiaries of this Agreement. You may not
assign this Agreement or the licenses within it, in whole or in part, to
any third party without our prior, written consent, and any attempt by
you to do so will be invalid.
This Agreement shall be treated as
though it were executed and performed in Columbus, Ohio, and shall be
governed by and construed in accordance with the laws of the State of
Ohio (without regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information, products or
services related thereto) must be instituted within one (1) year after
the cause of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth herein. The language in
this Agreement shall be interpreted as to its fair meaning and not
strictly for or against any party. This Agreement and all incorporated
agreements and your information may be automatically assigned by us in
our sole discretion to a third party in the event of an acquisition,
sale or merger. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this Agreement shall
take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to
enforce such provision. Our rights under this Agreement shall survive
any termination of this Agreement.
Electronic Communications.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.