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Terms of Use

Please read the following Terms of Use carefully. By using either or and other LiveAction, Inc. dba LiveAction (“LiveAction”), owned websites (”Site”), you, the user (”you”) indicate that you have read and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the site in any manner. LiveAction reserves all rights.

1. Description of Site.

“Site” encompasses LiveAction owned websites and all of their content and policies, any modifications, updates, enhancements, revisions, new features, and/or the addition of any new web properties. LiveAction reserves the right to make any Site changes at any time and without prior notice.

2. Site Ownership.

The Site, including all text and images appearing herein, is protected by copyright, trademark, patent, trade secret, and other laws. The Site is the property of LiveAction and all right, title and interest in the Site shall remain with LiveAction. Nothing in these Terms of Use transfers any rights to you or any third party except as expressly set forth herein. The information on the Site is intended to provide corporate, product, or service information only and may not be used for any other purpose.

3. Hyperlinks are Not Endorsements.

A link from the Site to a non-LiveAction website does not mean that LiveAction endorses or accepts any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature.

4. Site Use Restrictions.

The Site is for your personal and non-commercial use only. You will not (i) post on or transmit to the Site any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law; (ii) modify, copy, distribute, transmit, display, perform, mirror, reproduce, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Site; or (iii) use the Site in any manner that violates any applicable laws, regulations, orders, or other restrictions.

5. Terms of Use Changes.

LiveAction reserves the right to change these Terms of Use at any time without notice to you. All Terms of Use changes are effective immediately. Your continued use of the Site following any Terms of Use changes will mean you accept those changes.

6. Termination.

LiveAction reserves the right to terminate at any time, at its sole discretion, the Site and/or your use of the Site.

7. Information.

You agree to provide LiveAction with correct personal information, and to update such information on the Site promptly as reasonably necessary.

8. Feedback is the Property of LiveAction.

To the extent permitted by applicable law, all submissions or materials (collectively “Feedback”) sent to LiveAction or posted to the Site will become the property of LiveAction. LiveAction shall have no obligation of any kind with respect to such Feedback and shall be free to exploit such content for any purpose whatsoever.

9. Notices and Procedure for Making Claims of Copyright Infringement.

LiveAction will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U. S.C. § 512(c) (2) (”DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for LiveAction in accordance with the DMCA: LiveAction Attention DMCA Designated Agent, 155 Kapalulu Place, Suite 222, Honolulu, HI 96819; Telephone and eFAX: +1-888-881-1116; E-Mail: [email protected].

10. Representation and Warranty Disclaimer.

The information on the Site, including text, images, links, and the information on any websites you may visit through the Site is provided AS-IS by LiveAction as a convenience to all users, without representation or warranty of any kind to you or any third party, included, but not limited to any express or implied warranties a) of merchantability or fitness for a particular purpose; b) of informational content or accuracy; c) of non-infringement; d) of quiet enjoyment; e) of title; f) that the site will operate error free, or in an uninterrupted fashion; g) that any defects or errors in the site will be corrected; or h) that the site is compatible with any particular hardware or software platform. Efforts by LiveAction to modify the Site will not be deemed a waiver of these limitations. LiveAction will not be liable for any losses, loss of use, interruption of business, or any direct, indirect, incidental or consequential damages of any kind whether under these terms of use, statute, regulation, common law precedent, doctrine or otherwise even if LiveAction was advised of the possibility of such damages or was negligent. In jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, LiveAction’s liability is limited to the greatest extent permitted by law.

11. Indemnification.

You will indemnify, defend and hold LiveAction harmless against any and all claims, losses, liabilities, suits, damages and disputes, including attorneys fees, arising from your use of the Site.

12. Jurisdiction and Venue.

These Terms of Use are entered into and granted in the State of Hawaii and will be governed by and construed in accordance with the laws of the State of Hawaii, excluding any law or conflicts of law principle that would apply the law of another jurisdiction, and excluding the Hawaii Uniform Computer Information Transactions Act. Exclusive jurisdiction for any dispute, controversy or claim arising out of or in connection with these Terms of Use will be only in the federal or state court with competent jurisdiction located in Honolulu, Hawaii. You consent to the exercise of personal jurisdiction by such courts in any such action.

13. Contact Information.

If you have any questions or comments regarding these Terms of Use or the Site, please contact LiveAction.