Privacy & Terms
Livingtree Engage Privacy
What information does LivingTree collect?
“Personal Information” means any information that may be used to identify an individual, including, but not limited to, first and last name, home or other physical address, an email address, phone number, or other contact information, whether at work or at home, age information, and information about dependents. We may ask you to provide Personal Information that will enable us to enhance your use of the Service, or for purposes such as facilitating correspondence with you, registering your entitlement to access certain special features, or to complete transactions. It is always your choice whether or not to provide that Personal Information. If you choose not to provide requested Personal Information, you may not be able to use certain features of the Service.
Technical Information. We may collect and use technical data and related information – including but not limited to technical information about your device, system and application software, peripherals and your interactions with the Service – that is gathered periodically to facilitate the provision of software updates, product support, product enhancements and other services to you (if any) related to the Service. We may also automatically receive and record information on our server logs from your mobile device, which could include your IP address, cookie information, browser information and the page you request. This information is not deemed by LivingTree to constitute Personal Information and while LivingTree will not use it in a way that associates such information with you, such information it may be aggregated and used. LivingTree owns this information and may use it in any manner it deems appropriate.
Location Based Information. You also acknowledge and agree that LivingTree may collect location-based data (“Location Based Information”) from you through elements of the Service, e.g. the Application, but we do not use these features to track your whereabouts at all times.
How does LivingTree use this Information?
Except as otherwise set forth herein or in our Terms of Service, Personal Information, Technical Information and Location Based Information (collectively, “Information”) that you provide or that we collect will be kept confidential and used to support your relationship with LivingTree and your authorized use of our products and services. Among other things, we want to help you quickly find information through the Service, leverage our tools in connection with your authorized use of our products and services, and alert you to product upgrades, special offers, updated information and other new products and services from LivingTree.
You also grant LivingTree a perpetual, non-exclusive, transferable, sublicensable, royalty free license to use Information and data that we collect from you via your use of and interaction with the Service (“Data”) in order to collect, develop, create, extract or otherwise generate statistics and other information and to compile, synthesize and analyze Data (“Blind Data”). To the extent that LivingTree collects or generates Blind Data, the Blind Data will be owned by LivingTree and may be used for any lawful business purpose without a duty of accounting to you, provided that the Data is not personally identifiable and does not identify the source of such Data.
Sharing of Information
Except as set forth herein or in any applicable End User Agreement, LivingTree does not rent, sell or share Information with or to third parties, and Information is only used to provide you with LivingTree products and services and to comply with any requirements of law.
Agents or contractors of LivingTree may have access to your Information on a need to know basis for the purpose of performing services on behalf of LivingTree. All such agents or contractors who have access to such information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for LivingTree or as otherwise required by law.
LivingTree or its agents or contractors may disclose Information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process; (2) protect and defend the rights or property of LivingTree or its agents or contractors; or (3) act in urgent circumstances to protect the personal safety of Users the public.
Finally, if LivingTree should ever merge with another organization, file for bankruptcy, or sell our assets or capital stock, we may transfer the Information to a third party or share the Information to the company or its agents with which we enter into such transaction as a part of such transaction.
Security of Your Information
We maintain physical, electronic, and procedural safeguards designed to protect the Information.
Despite the actions and precautions we take, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of the Information and you acknowledge and agree that you transmit it to us at your own risk.
We may send an email to you at the email address you have provided to us in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Content You Provide
In short, by posting Information or Content online that is publicly accessible (i.e. within the applicable Communitie(s) or sub-Communitie(s)), you may receive unsolicited messages from other parties in return or make others aware of your location. We are not responsible for the security or privacy of any Information you choose to submit in connection with these public features.
You acknowledge that certain Information or Content that you provide in connection with the Service may inherently allow or help third parties to personally identify or locate you, especially if Communities within which you participate are small.
Third-Party Websites, Services and Technologies
Information collected through the Service may be stored and processed in the United States or any other country in which LivingTree or its affiliates, subsidiaries, agents or contractors maintain facilities, and by using the Service or the Application, you consent to any such transfer of information outside of your country.
Children’s online safety is important to us and we take measures to protect the Personal Information of children. This section explains our policies with respect to children, the Information we collect about them, and how we use that Information, as well as your rights as a parent.
Our Policy for Children Accessing the Service
A child may join the Service through an email invitation or private group code from his or her teacher or school requesting that the child to join a classroom or school group (a “Community”).
Under our Terms of Service, the teacher or school must agree to comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and obtain verifiable parental consent prior to sending the invitation to the child. Our Terms of Service prohibit any other users (e.g. coaches or league administrators) from inviting children to join the Service. A child cannot connect with other users unless he or she receives an invitation from a teacher or school.
Information We Collect from Children
When a child creates an account through accepting the email invitation, the child will be asked to provide his or her first and last name, email address, and home zip code.
The Service has a conversation feed feature that allows children to post content, including text and pictures, on a message board for their school or classroom Community. Information posted via a conversation feed is visible to other students, as well as teachers and parents in the Community. We also offer an inbox feature that works like a personal email account within the Service. Through the inbox feature, children can send and receive email communications with teacher and school administrator users in the Community. The child cannot interact with users outside of their Community via the Service. We do not monitor the conversation feed or inbox features.
We may also passively collect aggregated Blind Data (defined above) about children, but this Blind Data does not contain Personal Information or otherwise enable others to personally identify children.
We only use Personal Information we collect from children to enable or enhance use of the Service, to provide certain features and for other internal purposes. We do not share Personal Information that we collect from children with any third parties.
Your Rights as a Parent
As a parent, you have the right to review your child’s Personal Information, have the Personal Information deleted and to withdraw your consent to any further collection of your child’s Personal Information by contacting us. Additionally, if you notify us that your child’s teacher or school did not obtain your consent prior to inviting your child to join the Service, or if you notify us that you wish to withdraw your consent, we will immediately suspend your child’s account and, within seven days of your notice, terminate your child’s account and delete all Personal Information obtained from your child.
We cannot condition your child’s participation in any activity or feature of the Service on the child providing more Personal Information than is reasonably necessary for the activity or feature.
Our Rights Regarding Users
Under our Terms of Service, we reserve the right to restrict, modify, or terminate any user’s access to the Service. Although we do not monitor the content provided by users, if we receive information that a user is bullying or harassing another person through the Service, we may suspend or terminate their access to the Service.
Livingtree Engage Terms and Conditions
IMPORTANT INFORMATION FOR CHILDREN: If you are under 18 years old (or otherwise not of legal age to enter into a contract) you must review this Agreement with your parent or guardian. Make sure that you and your parent or guardian understands this Agreement and that they agree to it for you before you use LivingTree or provide information to us. If your parent or guardian does not agree to this Agreement, you may not use LivingTree. You should always get an adult’s permission before using the Internet.
LivingTree is a proprietary service (as it may be updated from time to time, the “Service”) offered by Snowflake Technologies, Inc., a Delaware corporation, d/b/a “LivingTree” (“LivingTree,” “our,” “us,” or “we”) that is designed to help parents and legal guardians (“Parents”), schools and teachers (collectively “School Admins”), and coaches and team, league and other activity administrators (“Activity Admins”) make the experience of raising young children more memorable, and less chaotic. The Service is also designed to enable student users (“Students”) to connect and engage with other Students in their class or school and with School Admins. Parents, Students, School Admins and Activity Admins are all “Users” hereunder. Some Users may use the Service in the capacity as one or several of those User types.
Your Acceptance Of This Agreement and its Application to You.
In your capacity as a Parent, School Admin or Activity Admin, you may be invited to join classes, schools, teams, leagues and other groups (or, if you are a Student, you may be invited to join classes or schools) (each a “Community”) created within the Service by other Users. You acknowledge that the way our Communities are organized and administered, the Users that have included you within the applicable Community, based on a Student’s class/school or the activities of your child(ren), have discretion in monitoring the usage, Content (defined below) and sub-Communities applicable to such
Community, and that these Users, not LivingTree, determine whether and the extent to which you are permitted to continue to participate in such Community. Such Users also have administrative ability to remove Content and sub-Communities from a given Community. You agree that you will not make any claim against LivingTree as a result of the way that any User governs a Community. If you yourself create a Community (whether as a Parent, School Admin or Activity Admin), you will have similar responsibilities and controls, provided that you acknowledge that (a) LivingTree may change the manner in which Communities are administrated at any time, and that (b) if as the creator of a Community you wish to link it as a sub-Community under another Community (e.g. a subset of Students within a class Community or a subset of athletes within a team), you will necessarily give up some control to the User responsible for the superior Community (e.g. the applicable class or team).
Special Terms For Child Users.
Other Admin Acknowledgment.
If you are an Admin of an Organization other than a school, you acknowledge and agree that you will not invite children under 13 to join your team, league or other activity Community as a User. Any violation of this section will result in termination of your User account and any Communities you create.
Agreement on the Child’s behalf. If your Child has been invited to join a LivingTree Community without your consent, please contact us immediately at email@example.com.
Representations About You.
As a condition to becoming a User, you represent and warrant to us that you are at least 18 years of age and have the power and authority to enter into this Agreement for yourself and, as applicable on behalf of a Child User. Also, you represent and warrant that the information that you provide to us about you in connection with the Service will be current, true, accurate, supportable and complete.
Grant of License in Content.
We do not claim ownership rights in the text, files, images, photos, video, sounds, links, works of authorship, or any other materials that you post or share via the Service (collectively, “Content”). However, by posting or sharing Content through the Service, you hereby grant to us and our third party partners a license under all of your applicable intellectual property or other rights protecting the Content to transmit and publish such Content through the Service and to provide the Service to you and other applicable Users. We reserve the right to remove any of the Content from the Service in our sole discretion.
User Representations About the Content.
It is important to us that Users do not use the Service to infringe the rights of others. As such, you represent and warrant to us that (a) you have all necessary rights and permissions to grant us the license set forth in the preceding section, and (b) the posting and sharing of your Content via the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
Reservation of Rights With Respect To The Service.
We reserve all rights in and to the Service and all related intellectual property not expressly granted under this Agreement. If you submit comments, suggestions, ratings, or other feedback regarding the Service, Users, or your experience (“Feedback”), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you.
Restrictions On Use Of The Service.
You may not rent, lease, lend, sell, redistribute, reproduce or sublicense the Service. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
You shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. In addition, You agree that you shall not (a) upload or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any LivingTree representative or any Parent, Student, School Admin or Activity Admin, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) use the Service in a manner that adversely affects the experience of other Users (e.g., excessive shouting, use of all caps, flooding continuous posting of repetitive text, activity within a Community that is inconsistent with the guidelines established by the applicable administrator(s) thereof, etc.); (f) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other similar form of solicitation, commercial or otherwise; (g) violate any applicable local, state, national or international law; (h) delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it; (i) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; (j) harvest or otherwise collect information about others; or (k) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy any content or information on this Service.
LivingTree may cooperate with law enforcement and/or third parties in the investigation of any suspected or alleged crime or civil wrong. LivingTree reserves the right at all times to disclose any information as LivingTree deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Disputes among Users.
EACH USER IS SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH OTHER USERS OF THE SERVICE, AGREES TO LOOK SOLELY TO SUCH OTHER USERS FOR ANY CLAIM, DAMAGE OR LIABILITY ASSOCIATED WITH ANY ACTION OR OMISSION OF SUCH OTHER USER, INCLUDING VIA THE SERVICE, AND EXPRESSLY WAIVES AND RELEASES LIVINGTREE FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF ANY ACT OR OMISSION OF ANY SUCH USER, INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO PERSONAL INJURY OR DESTRUCTION OF PROPERTY. LivingTree reserves the right, but has no obligation, to monitor disputes between Users
Limitations on Availability.
The Service or some aspects thereof may not be available in all languages or in all countries. We make no representation that the Service is available or permitted in any particular location. Use of the Service is void where prohibited. You use the Service at your own initiative and are responsible compliance with any applicable laws. We may also impose limits on the use or access to the Service as required by law.
Support and Maintenance.
We will use commercially reasonable efforts to provide you with a reasonable amount of email support regarding use of the Service. Scheduled system maintenance shall take place from time to time, and during such time, the Service may be unavailable. Emergency maintenance may be required at other times in the event of system failure. We make no guarantees about Service uptime.
Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability.
IN NO EVENT SHALL LIVINGTREE OR OUR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE OR OUR AFFILIATES HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF THE AMOUNT OF TWENTY-FIVE DOLLARS ($25) OR THE AMOUNT YOU PAID FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO CUSTOMERS.
We may modify the terms of this Agreement from time to time. Any such modification shall be effective when we notify you of the modification (via an update to the terms delivered via email or through the Service) and you subsequently signify your acceptance or use the Service.
To enjoy certain aspects of the Service, additional terms may apply. An example of this are the “APPLICATION SPECIFIC TERMS AND CONDITIONS” set forth below, which apply to you only insofar as you wish to install and/or use our iOS application (the “App”). We will present supplemental terms and conditions within this Agreement (as with the APPLICATION SPECIFIC TERMS AND CONDITIONS below), or we will present them for review and acceptance at the time that you undertake the supplemental activity within the Service. Any such supplemental terms (each, “Supplemental Terms”) shall become a part of this Agreement. Supplemental Terms are different from Third Party Terms (defined below) in that Supplemental Terms relate to offerings provided by LivingTree, whereas Third Party Terms relate to third party offerings. You acknowledge and agree that in the event of any conflict between the terms hereof and any Supplemental Terms, the Supplemental Terms shall govern with respect to the matters contemplated thereby.
You may not use or otherwise export or re-export the Service or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Service was accessed or obtained. In particular, but without limitation, the Service 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 Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. The Service 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.
Consent to Receive Messages.
We may need to be able to communicate with you about the Service. Further, though we will not abuse the privilege, we would like to be able to make certain commercial offers available to you from time to time, though you will always have the option to opt out of this category of messages. AS SUCH, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM US AND/OR OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY EMAIL ADDRESSES AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES. In order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service), you will need to terminate your account.
Though presently there is no charge for the basic Service, we reserve the right to charge for the Service or features thereof.
Third Party Offerings. To enjoy certain third party offerings, certain third party terms (each, “Third Party Terms”) may apply. Third Party Terms will be presented for review and acceptance at the time that you undertake such activity within the Service, and any such Third Party Terms shall constitute an agreement between you and such third party. We are not responsible for such third party offerings.
This Agreement is effective until terminated as set forth herein. Your right to use or access the Service will terminate automatically without notice from us if you fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, you shall cease all use of or access to the Service. You acknowledge that except to the extent we otherwise agree in writing or in the Supplemental Terms, we may restrict, modify, or terminate your access to the Service, without liability, for our convenience.
The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Service. Use of the Service may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between you and LivingTree regarding use of or access to the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. “LivingTree” and all associated logos displayed within the Service are our trademarks (unless otherwise noted). This Agreement operates to the fullest extent permissible by law. We may freely transfer or assign this Agreement and any of our rights or obligations hereunder. You may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. 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.
We can be reached at: Snowflake Technologies, Inc., Suite 107 4611 Bee Cave Rd Suite 107, West Lake Hills TX 78746, USA, 512.957.2313, firstname.lastname@example.org.
APPLICATION-SPECIFIC TERMS AND CONDITIONS
The following terms apply solely to the extent you install our iOS application the “Application” which shall in such event be deemed to be a component of the Service and subject to the terms above as well.
License Terms with Respect to the Application.
The Application is licensed, not sold, to you. LivingTree reserves all rights in and to the Application not expressly granted to you under this Agreement. This license granted to you for the Application is limited to a nontransferable license to use the Application on any iOS-based device (including but not limited to iPad, iPhone, and iPod touch) that you own or control and as permitted by the Usage Rules set forth in Apple, Inc.’s App Store Terms and Conditions (the “Usage Rules”).
To the extent the Application enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use. Further, you acknowledge and agree that you may receive push notifications through the Application.
Acknowledgements Regarding Apple, Inc.
You acknowledge that this Agreement is between you and LivingTree, and that Apple is not a party hereto and has no responsibility for the Application, the Service, or for other Users. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application or the Service or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (a) product liability claims, (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You further acknowledge that Apple has no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the Application or the Service or your use thereof infringes intellectual property rights. Apple, Inc. and Apple’s subsidiaries, are third party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. To the extent LivingTree sponsors any promotion through the Application or the Service, your hereby acknowledge that Apple is not a sponsor of or responsible for conducting such promotion. Apple Related Disclaimer.
YOU ACKNOWLEDGE AND AGREE THAT APPLE MAKES NO WARRANTIES WHATSOEVER HEREUNDER, AND HAS NO WARRANTY OBLIGATIONS WITH RESPECT TO THE APPLICATION OR THE SERVICE.
Livingtree Give Privacy and Terms
The Information That Livingtree Collects from You
User-Provided. You provide Livingtree with information about Yourself, such as Your name, email address, school/district name, title, User ID and Password, when you register for the Services and create an Account. Additionally, if You correspond with Livingtree by email, Livingtree may retain the content of Your email messages, Your email address and Livingtree responses.
Cookies. When You access and use the Website, Livingtree and our third-party service providers may send one or more “cookies” – small text files containing strings of alphanumeric characters – to Your computer that uniquely identifies Your browser. Livingtree may use both session cookies and persistent cookies to allow You to log-in to Your Account faster, to better understand how You interact with the Services, to monitor aggregate Website usage by Users (including You) and web traffic routing on the Services, and to customize and improve the Services for all Users (including You). The cookies used by Livingtree do not collect any of Your personally identifiable information. Most web browsers automatically accept cookies; however, You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt You before accepting a cookie from the websites that you visit (including this Website). Please note, though, that some features of the Services may not function properly if You disable the acceptance of cookies from this Website.
Pixel Tags. When You access and use the Website, Livingtree and our third-party service providers may also employ “pixel tags” (a/k/a web beacons and clear gifs) – a nearly invisible pixel-sized graphic image – to anonymously track Your online usage patterns. None of Your personally identifiable information is collected using these pixel tags. Pixel Tags may be used to collect the same information about Your use of the Website that is collected through cookies, as noted above. Additionally, Livingtree may use pixel tags in emails sent to You to help Livingtree confirm the receipt of, and response to, its emails, the time its emails are viewed, and when and where You “click-through” in an email to the Website. All of this information helps Livingtree to personalize Your experience and improve the Services and emails that Livingtree provides to all of its Users (including You).
Your Submission of Information on the Website
Any personally identifiable information or Content that You Submit on the Website (for example, in Campaigns and other User Submissions made to the Website) becomes available to the public. If You remove such information or Content from the Services, copies of such may nonetheless remain viewable in cached and archived web pages or if other Users have copied or stored Your Content.
How Livingtree Uses Your Information
Livingtree uses the personally identifiable information that You submit to operate, maintain, and provide the Services to You.
Livingtree uses cookie and pixel tag information to: (i) remember information so that You will not have to re-enter it during Your visit or the next time You visit the Website; (ii) provide custom, personalized Services through the Website to You; (iii) monitor the effectiveness of the Services; (iv) monitor aggregate metrics such as total number of Users and Website traffic; (v) diagnose or fix technology problems related to the Services; and (vi) help You efficiently access your User Submissions and other information after You sign in on the Website.
How Livingtree Shares Your Information
Non-Personally Identifiable Information. Livingtree may share Your non-personally identifiable information (for example, anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns of the Services.
How Livingtree Protects Your Information
Livingtree and our third-party service providers use physical, administrative and technical security measures to protect Your personally identifiable information. While Livingtree attempts to ensure the integrity and security of our network and systems, Livingtree cannot and does not guarantee that these measures will stop third-parties (i.e. hackers) from illegally obtaining Your personally identifiable information. Livingtree will not be responsible or liable for any Loss You suffer or incur as a result of any such breach or for the actions of any third parties that obtained any of Your personally identifiable information as a result of such breach. In an effort to protect Your privacy and security, Livingtree take reasonable steps (such as requiring that You have a unique User ID and Password) to verify Your identity before granting You access to Your Account. You are solely responsible for maintaining the secrecy of Your User ID, Password and other Account information, and for controlling access to your email communications from Livingtree, at all times.
Your Choices About Your Information
You may, of course, decline to submit Your personally identifiable information through the Services, in which case Livingtree may not be able to provide certain Services to You. You may update or correct your Account information and email preferences at any time by changing the settings of Your Account.
Privacy of Minors
Individuals under the age of 18 (i.e. minors) are not permitted to use the Services in any manner. For that reason, Livingtree does not knowingly collect or solicit personally identifiable information from any individual under the age of 18 or knowingly allow such individuals to register for the Services and create an Account. If You are under the age of 18, please do not attempt to register, create an Account or otherwise use the Services in any manner or provide any personally identifiable information (such as Your name, address and email address) to Livingtree. In the event that Livingtree learns that it has collected personally identifiable information from an individual under the age of 18, Livingtree will delete that information as quickly as possible. If You believe that we might have any information from or about an individual under the age of 18, please contact us at email@example.com.
Livingtree is not in any way responsible for the practices employed by the Payment Processor, or for any information, including any personally identifiable information and/or financial information, that You provide to the Payment Processor when making Sponsorship pledges through the Services, even though Your provision of such information may occur on a webpage within the Website. Your disclosure of any such information to the Payment Processor is subject to the Payment Processor’s own rules and policies, which Livingtree has no control over. Please carefully review those rules and policies before proceeding.
Please read these Livingtree.com Terms of Service (this “Agreement”) carefully. This Agreement constitutes a legally binding and enforceable contract between you, either in your individual capacity or as the entity on whose behalf you are authorized to act (in either case, “You” or “Your”), and Livingtree, with respect to Your use of the website located at www.livingtree.com, all other websites owned and operated by Livingtree that redirect You to www.livingtree.com, and all subdomains of any of the foregoing websites (collectively, the “Website”), and the services owned and operated by Livingtree and made available on and through the Website (together with the Website, the “Services”).
Who May Use the Services
The Services are available only to individuals who are at least 18 years old. If You are an individual, You represent and warrant to Livingtree that You are at least 18 years old and of legal age to form a binding contract, and that all registration information You provide from time to time to Livingtree is accurate and complete. Livingtree may, at any time and in its sole discretion and without notice to You, change the eligibility requirements for use of the Services and/or refuse to provide any of the Services to You. The foregoing provision is void where prohibited by applicable law, and Your right to use the Services in any manner is revoked in those jurisdictions.
Access to and/or use of the Services is prohibited by Users located in countries where such access to and/or use of the Services, or any of the Content provided through the Services, is illegal. If You access and/or use the Services in such countries, You do so at your own initiative and risk and are solely responsible for compliance with all local laws.
Summary of the Services
The primary function of the Services is to provide an online funding platform for schools, school administrators and teachers throughout the United States (“Hosts”) who are hosting various educational events and activities (“Events”) to run campaigns on the Website (“Campaigns”) to raise sponsorships for such Events (“Sponsorships”) from various third-party sponsors (“Sponsors”) in exchange for providing Sponsors with certain sponsorship benefits (“Sponsorship Benefits”).
Various content, including, without limitation, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, works of authorship, software, code, scripts and other material and information (collectively, “Content”) is made available through the Services. Hosts, Sponsors and other visitors to and users of the Website (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, publish, post or otherwise make accessible (collectively, “Submit”) various Content through the Services (each, a “User Submission”).
Livingtree does not guarantee that any Content (including any User Submissions) will be made available through the Services. Livingtree has no obligation to monitor the Services or any Campaign or Content. Livingtree may, at any time and in its sole discretion and without notice to You: (i) cancel, reject, interrupt, remove, or suspend a Campaign; (ii) remove, edit, or modify any Content, including, without limitation, any User Submissions; and (iii) remove or block any User or any User Submission. Livingtree will have no liability whatsoever for taking any of the foregoing actions.
Livingtree may, in its sole discretion and at any time and without notice to You, change, impose limitations or restrictions on, suspend or discontinue any or all of the Services, including, but not limited to, the availability of any feature, database or Content on the Website (collectively, a “Change” to the Services). It is your responsibility to review this Agreement and the Website from time to time to check for Changes to the Services. Your continued use of the Services in any manner following the posting of any Change to the Services constitutes Your acceptance of, and agreement to be bound by, such Change.
Registration with Livingtree
You may visit and browse the Website and view certain Content without registering with Livingtree, but as a condition of using certain aspects of the Services, You may be required to register with Livingtree and create a Website account (“Account”). In registering and creating an Account, You will be required to select a unique name (“User ID”) and password (“Password”). You must provide accurate and complete information when registering with Livingtree and creating an Account, and you must update such information promptly upon its inaccuracy and/or incompleteness. You shall not use as a User ID or as the name of your Event or Campaign any name or term that is: (i) the name of another person, with the intent to impersonate that person; (ii) subject to any third-party rights or restrictions, without appropriate authorization; or (iii) illegal, offensive, vulgar or obscene (as determined by Livingtree in its sole discretion). Livingtree may, at any time and in its sole discretion and without notice to You, refuse the registration of, suspend or cancel an existing User ID or Campaign name. You are solely responsible for maintaining the confidentiality of the Your Password. You are also solely responsible for all activity that occurs on or through Your Account. If You allow a third-party to use Your Account (either intentionally or as a result of Your negligence), all obligations and restrictions set forth in this Agreement with respect to Your use of Your Account and the Services will apply equally to such third-party’s use of Your Account and the Services, and You shall be solely responsible for ensuring that such third-party adheres to such obligations and restrictions and for such third-party’s failure to do so. You shall not use another User’s Account without the other User’s express authorization. You shall immediately notify Livingtree in writing if there is any unauthorized use of Your Account or other Account-related security breaches.
Restrictions on Your Use of the Services
The Services are provided to You only for Your own personal, non-commercial use (except as otherwise permitted under the section of this Agreement entitled “Terms and Conditions with Respect to Campaigns, Sponsorships and Sponsorship Benefits”).
You shall not, directly or indirectly: (i) take any action that imposes or may impose (as determined by Livingtree in its sole discretion) an unreasonable or disproportionately large load on Livingtree, or its third-party providers’, infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website (including, without limitation, Livingtree’s provision of the Services); (iii) bypass any measures Livingtree may use to prevent or restrict access to the Website (or other accounts, computer systems, or networks connected to the Website); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on or through the Website; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website; (vii) modify, translate, or otherwise create derivative works of any part of the Website; (viii) copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder; or (ix) take any other action with respect to the Website (including, without limitation, any Content or trademarks, logos or branding incorporated into the Website by Livingtree) that in any way violates Livingtree’s ownership rights therein or any applicable laws.
Terms and Conditions with Respect to Campaigns, Sponsorships and Sponsorship Benefits
The Services provide, among other things, an online funding platform for Hosts to run Campaigns to raise Sponsorships for Events by offering Sponsorship Benefits to potential Sponsors in exchange for their Sponsorships.
In addition to the other terms and conditions set forth in this Agreement, all Hosts and Sponsors agree to the following:
- Hosts represent and warrant to Livingtree that they are authorized to host the Events and make all User Submissions related thereto, and that such Events will be hosted and such User Submissions made in compliance with all applicable laws (including, without limitation, all laws applicable to the privacy rights of minors).
Hosts shall set (i) the aggregate amount of Sponsorships that they want to raise for a Campaign; (ii) the Campaign start date (provided that the start date cannot be any more than 18 months before the date on which the Event is scheduled to occur); (iii) Campaign deadline (i.e. end date); and (iv) the specific Sponsorship Benefits that they will provide to Sponsors who make Sponsorships to the Campaign.
- Sponsors shall determine the amount of Sponsorships they want to pledge to a Campaign. Sponsors shall provide their payment information to Livingtree’s third-party payment processor, PayPal (“Payment Processor”), at the time they pledge Sponsorships to a Campaign. The processing and collection of all Sponsorship payments and applicable Fees (as defined below) (collectively, “Charges”) will be conducted solely by the Payment Processor, not by Livingtree. The terms and conditions applicable to the processing and collection of such Charges, and all other aspects of the relationship between Sponsors and the Payment Processor (including, without limitation, Payment Processor’s rights and obligations with respect to Sponsors’ payment/billing information), shall be solely as agreed upon by Sponsors and the Payment Processor.
- The remittance of Charges, less all applicable Fees (collectively, “Net Sponsorship Amounts”), to Hosts will be conducted by the Payment Processor, not Livingtree. The terms and conditions applicable to the remittance of such Net Sponsorship Amounts, and all other aspects of the relationship between Hosts and the Payment Processor (including, without limitation, Hosts establishing accounts with the Payment Processor and the Payment Processor’s rights and obligations with respect to Hosts’ payment/billing information), shall be solely as agreed upon by Hosts and the Payment Processor.
- Hosts will be solely responsible for providing or delivering all Sponsorship Benefits to Sponsors. Livingtree will have no liability whatsoever with respect to a Host’s failure to provide or deliver Sponsorship Benefits to Sponsors.
- All Sponsors are subject to approval by Hosts and Livingtree prior to making Sponsorship pledges to a Campaign, which approval Hosts and/or Livingtree may withhold in its sole discretion and without reason. Neither Livingtree nor Hosts will have any liability whatsoever for withholding their approval of any Sponsor.
- Livingtree may, in its sole discretion, reject, cancel, interrupt, remove, or suspend a Campaign at any time. Livingtree will have no liability whatsoever for doing so.
- The Services are provided by Livingtree solely as an online funding platform that enables Hosts and Sponsors to enter into mutually beneficial relationships and dealings with one another. Livingtree is not in any way responsible for, does not guarantee, and shall not be liable for, any aspect of the relationships or dealings between Hosts and Sponsors and/or between Hosts or Sponsors and the Payment Processor. Without limiting the foregoing, Livingtree does not guarantee: (i) to any Host that: (a) there will be a certain number of Sponsors or certain level of Sponsorship pledges for any particular Campaign, or (b) any Sponsor who makes a Sponsorship pledge will actually remit the corresponding Sponsorship payment; (ii) to any Sponsor that any Host will actually: (a) host the Event that is the subject of the Campaign, (b) use all or any portion of the Sponsorships raised in the Campaign to host the Event that is the subject of the Campaign, or (c) provide or deliver to Sponsor any or all Sponsorship Benefits; or (iii) to any Host or Sponsor: any aspect of Payment Processor’s processing and collection of Charges from Sponsors or remittance of Net Sponsorship Amounts to Hosts.
Livingtree is Not Responsible for Disputes Between Users
Livingtree has no obligation to become involved in any dispute between Users or between one or more Users and a third-party (including, without limitation, the Payment Processor), including, without limitation, any dispute with respect to any User Submission, Campaign, Sponsorships, Charges, Net Sponsorship Amounts, or Sponsorship Benefits. Livingtree does not in any way endorse, guarantee or oversee any aspect of any User Submission, Campaign, Sponsorships or Sponsorship Benefits.
Livingtree is not in any way responsible or liable for: (i) any aspect of the relationships, dealings or disputes between Users, or between Users and any third-parties (including, without limitation, the Payment Processor) that are in any way related to User Submissions, Campaigns, Sponsorships, Charges, Net Sponsorship Amounts, Sponsorship Benefits or any other part of the Services; or (ii) for any loss, liability, damage, cost or expense (including, without limitation, attorneys’ fees) (collectively, “Loss”) incurred or suffered by any User as a direct or indirect result of such relationships, dealings or disputes. AS A USER, YOU EXPRESSLY, UNCONDITIONALLY AND IRREVOCABLY RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE Livingtree, AND EACH OF Livingtree’s MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS AND LICENSORS, FOR ANY LOSS THAT YOU INCUR OR SUFFER AS A DIRECT OR INDIRECT RESULT OF YOUR RELATIONSHIPS, DEALINGS OR DISPUTES WITH OTHER USERS, OR WITH ANY OTHER THIRD-PARTIES (INCLUDING, WITHOUT LIMITATION, THE PAYMENT PROCESSOR), THAT ARE IN ANY WAY RELATED TO USER SUBMISSIONS, CAMPAIGNS, SPONSORSHIPS, CHARGES, NET SPONSORSHIP AMOUNTS, SPONSORSHIP BENEFITS OR ANY OTHER PART OF THE SERVICES.
Creating an Account is free; however, there are certain fees that You will be subject to based on which Services You use (collectively, the “Fees”). Livingtree has the sole right to set, and from time to time change, the type and amount of the Fees that are charged for the Services. When You use a Service that is subject to a Fee, You will have an opportunity to review and accept the Fee that You will be charged. You are responsible for paying all Fees associated with Your use of the Services. All Fees will be imposed, collected, and processed directly by the Payment Processor, not Livingtree.
The Services may permit You to link to third-party websites, including those for advertisers and other good or service providers (collectively, “Third-Party Websites”), and Third-Party Websites may contain links to the Website. Your access to and/or use of any and all Third-Party Websites is at Your own risk. You acknowledge and agree that Third-Party Websites are not under the control of Livingtree, and that Livingtree is not in any way responsible or liable for the Content, functions, accuracy, legality, appropriateness, or any other aspect of any Third-Party Website. The inclusion on any Third-Party Website of any link to the Website does not imply endorsement by or affiliation with Livingtree. You further acknowledge and agree that Livingtree shall not be in any way responsible or liable for any Loss that You incur or suffer as a result of your accessing or using any Third-Party Website, or any of the Content, goods or services made available to or purchased by You on or through such Third-Party Website.
Content, User Submissions and Licenses
You acknowledge and agree that the Services contain Content provided by Livingtree and Users, that such Content may include or constitute the trademarks, service marks, slogans, logos, domain names, works of authorship, publicity or other proprietary works of the provider thereof (i.e. Livingtree or a User, as applicable), and that You shall not take any action during or in relation to your use of the Services that is not authorized under this Agreement or that would infringe upon or violate any rights afforded to the provider under applicable law or this Agreement with respect to such Content, including, without limitation, any unauthorized distribution, commercial exploitation (by sale, license, rent or otherwise), reproduction, copying, alteration or modification.
Livingtree grants to each User a limited, worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content made available to the User through use of the Services, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without the prior written consent of Livingtree or the provider of such Content. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party rights.
By making User Submissions on the Website or otherwise through the Services, You agree to the following:
- You hereby grant to Livingtree a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable license to (and to allow others acting on its behalf to): (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit Your User Submissions, including, without limitation, all trademarks, service marks, slogans, logos, domain names, works of authorship and similar proprietary rights incorporated or included therein (collectively, “Your IP Rights”), in connection with (a) the Services, (b) Livingtree’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing all or any part of the Website (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, Third-Party Websites); (ii) take whatever other action is required or deemed convenient by Livingtree in its sole discretion to perform and market the Services or any part thereof; (iii) allow Users to stream, transmit, playback, download, display, feature, distribute, collect and otherwise use Your User Submissions, and Your IP Rights, in connection with their use of the Services; and (iv) use and publish, and permit others to use and publish, Your User Submissions, and Your IP Rights, and the names, likenesses, and personal and biographical materials of You and the members of Your group or organization, in connection with the provision or marketing of the Services or any part thereof. You represent and warrant to Livingtree that You have the full authority to grant the foregoing license, and that Livingtree’s performance of all activities permitted under the foregoing license will not violate any third-party rights or applicable laws.
- You shall pay all royalties and other amounts owed to any third-parties as a result of Your User Submissions and/or Livingtree’s publishing of, or taking any other action with respect to, such User Submissions in accordance with the license You granted herein.
- You acknowledge and agree that You are publishing Your User Submissions, and You may be identified publicly by Your name or User ID in association with Your User Submissions.
- You grant to each User a non-exclusive license to access Your User Submissions through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions for personal, non-commercial use.
- You shall not make any User Submission that: (i) contains, encourages or promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, gambling, pornography, prostitution, cigarettes, firearms or unlicensed sales of products or services, including without limitation, alcohol, prescription drugs or professional services; (ii) is threatening, abusive, harassing, hate material, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts; (iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or other protected characteristics; (iv) impersonates or defames any person, business or entity, including, without limitation, Livingtree; (v) is competitive to Livingtree or promotes any products or services of third-parties that are competitive to Livingtree; (vi) contains viruses, Trojan horses, works, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; (vii) invades, violates or infringes any rights of Livingtree, other Users or any other third-parties, including, without limitation, any patent, trademark, trade secret, copyright, publicity or other proprietary rights, contract rights or privacy rights; (viii) is false, misleading or inaccurate; or (ix) promotes, encourages or results in a violation of any applicable laws.
- Livingtree shall have the right to delete, edit, modify, reformat, excerpt, or translate any of Your User Submissions.
- Livingtree will not be in any way responsible or liable for any errors or omissions in any of Your User Submissions.
All Content that You access and/or use through the Services is at Your own risk and You will be solely responsible for any resulting Loss suffered or incurred by You or any third-party.
Digital Millennium Copyright Act Notifications
In accordance with the Digital Millennium Copyright Act (the “DMCA”), Livingtree has adopted a policy of, in appropriate circumstances, terminating the Accounts of Users that are repeat infringers of the intellectual property rights of others. Livingtree may also terminate the Account of a User based on a single infringement of such rights.
Livingtree will remove Content from the Website in accordance with the DMCA if properly notified that such Content infringes on the copyright of a third-party. If you are a third-party and believe that any Content published on the Website constitutes copyright infringement of your work, please notify Livingtree’s copyright agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or review the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the Content that you claim is infringing is located on the Website, sufficient for Livingtree to locate the Content;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use of the Content is not authorized by the copyright owner, its agent, or applicable law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- If you are a User and believe that any of Your Content has been removed or disabled by mistake or misidentification, please notify Livingtree’s copyright agent in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or review the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
- a physical or electronic signature of the User;
- identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared on the Website before it was removed or access to it was disabled;
- a statement made under penalty of perjury that the User has a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content; and
- the User’s name, address, telephone number, and a statement that the User consents to the jurisdiction of the federal courts for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which Livingtree may be found, and that the User will accept service of process from the person who provided the original infringement notification or an agent of such person.
Under the U.S. Copyright Act, any person who knowingly materially misrepresents that Content is infringing or was removed or disabled by mistake or misidentification may be subject to liability as provided therein.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Our designated copyright agent for DMCA notices is:
Attention: Copyright Agent
4611 Bee Caves Rd
West Lake Hills, TX 78746
Livingtree may terminate Your Account, delete any of Your User Submissions and/or prohibit You from using or accessing the Services or any portion thereof for any reason (including, without limitation, Your breach of this Agreement), at any time and without notice to You.
If You wish to terminate Your Account, You may do so at any time by following the instructions on the Website. All Charges incurred by You prior to termination are non-refundable.
The termination of Your Account will terminate this Agreement except with respect to those provisions herein which by their nature should survive termination (including, without limitation, those provisions with respect to warranty disclaimers, indemnification obligations, limitations on liability, releases, choice of law and jurisdiction, and miscellaneous provisions) (collectively, the “Surviving Provisions”), which provisions shall survive such termination in perpetuity.
Livingtree HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT Livingtree HAS NO DUTY TO TAKE ANY ACTION REGARDING ANY OF THE FOLLOWING: (I) WHICH USERS ACCESS AND/OR USE THE SERVICES; (II) WHAT CONTENT USERS ACCESS AND/OR USE THROUGH THE SERVICES; (III) WHAT EFFECTS THE CONTENT MAY HAVE ON USERS; (IV) HOW USERS MAY INTERPRET OR USE THE CONTENT; OR (V) WHAT ACTIONS USERS MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU HEREBY EXPRESSLY, UNCONDITIONALLY AND IRREVOCABLY RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE Livingtree, AND EACH OF Livingtree’s MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS AND LICENSORS, FROM ALL LOSS INCURRED OR SUFFERED BY YOU AS A DIRECT OR INDIRECT RESULT OF ACCESSING AND/OR USING CONTENT THROUGH THE WEBSITE. THE WEBSITE MAY CONTAIN, OR DIRECT YOU TO THIRD-PARTY WEBSITES CONTAINING, CONTENT THAT YOU MAY FIND OFFENSIVE OR INAPPROPRIATE. Livingtree MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY SUCH CONTENT AND SHALL NOT BE LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF ANY SUCH CONTENT.
THE SERVICES ARE PROVIDED BY Livingtree “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY Livingtree. Livingtree DOES NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES ARE SOLELY AT YOUR OWN RISK.
You shall defend, indemnify and hold harmless Livingtree, and each of Livingtree’s members, employees, contractors, agents and licensors, against any Loss incurred or suffered by any or all of them as a direct or indirect result of (i) your relationships, dealings or disputes with other Users or with any third-parties (including, without limitation, the Payment Processor or any owners or operators of Third-Party Websites), or (ii) Your breach of this Agreement. Livingtree reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Livingtree in asserting any available defenses.
Limitations on Liability
IN NO EVENT SHALL Livingtree OR ANY OF ITS MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS AND LICENSORS, BE LIABLE TO YOU, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES, FOR (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); OR (II) FOR ANY DIRECT DAMAGES TO YOU IN EXCESS OF ONE HUNDRED U.S. DOLLARS (US$ 100). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Electronic Communications and Notices
By using the Services, You consent to receive all communications from Livingtree(including notices, agreements, legally required disclosures and other information provided by Livingtree regarding the Services) electronically. Livingtree may provide such electronic communications by posting them on the Website. If You desire to withdraw your consent to receive electronic communications from Livingtree, You must discontinue your use of the Services.
All notices from You to Livingtree must be in writing and delivered to Livingtree as follows:
4611 Bee Caves Rd
West Lake Hills, Austin, TX 78746
Choice of Law and Jurisdiction
You agree that this Agreement shall be governed by and construed in accordance with the state laws of the Commonwealth of Virginia and, when applicable, the federal laws of the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Services are deemed a passive website that does not give rise to personal jurisdiction over Livingtree or its members, employees, contractors, agents or licensors, either specific or general, in any jurisdiction other than the Commonwealth of Virginia.
You agree that any action, hearing, litigation, lawsuit or other proceeding of any nature whatsoever (each, a “Proceeding”) arising out of or relating to this Agreement shall be brought in the state or, if jurisdiction can be established, federal courts located in the Commonwealth of Virginia. You irrevocably submit to the exclusive jurisdiction of each such court in any such Proceeding, waive any objection You may now or hereafter have to venue or to convenience of forum, agree that all claims in respect of such Proceeding shall be heard and determined only in any such court, and agree not to bring any Proceeding arising out of or relating to this Agreement in any other court. YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. In any Proceeding to enforce this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys’ fees.
Livingtree shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Livingtree’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. This Agreement is personal to You and may not be, in whole or in part, assigned, transferred, or sublicensed by You except with Livingtree’s prior written consent (which consent Livingtree may withhold in its sole discretion). Livingtree may assign, transfer, or delegate any of its rights and obligations hereunder without Your consent. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. No waiver of any provision of this Agreement will be effective against Livingtree unless in writing and signed by an authorized representative of Livingtree. Any such waiver by Livingtree will not be construed as a subsequent waiver of the same provision or a waiver of any other provision unless otherwise expressly set forth in the written waiver. This Agreement (including all terms and conditions expressly set forth herein or expressly incorporated herein by reference) constitutes the entire understanding and agreement between You and Livingtree with respect to the Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Livingtree with respect to the subject matter hereof. If any provision in this Agreement is held invalid, illegal or unenforceable by a court or regulatory body of competent jurisdiction, such provision will be construed, limited or, if necessary, severed from this Agreement to the extent necessary to eliminate such invalidity, illegality or unenforceability, and all remaining provisions in this Agreement will remain in full force and effect.
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