Welcome to Live Positively
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org .
1. Account responsibility
Your use of the Services and any content you provide, including compliance with applicable laws, is your responsibility. There is a possibility that content on the Services is protected by intellectual property rights of others. If you don't have the proper permissions, please don't copy, upload, download, or share any content.
- Your use of the Services must comply with our Rules.
To use some or all of our Services, you might have to create an account. Give us a hand to keep your account safe. Keep your account details up to date and preserve your password for the account. We advise you not to share your password to anyone.
- You represent that you have the right to accept these Terms and use the Services on behalf of someone else (such as another person or entity), and in that event, "you" or "your" in these Terms refers to that other person or entity as well.
- To use our Services, you must be at least 13 years old.
- You agree to abide by all relevant laws if you access, gather, or utilize personal information about other Live Positively users ("Personal Information") through the Services. In addition, you undertake not to "sell" any Personal Information in any way that is prohibited by applicable law.
- As the editor of a newsletter, for example, if you give us personal data, you represent and warrant that you have legitimately gathered the data and that you or a third party obtained all necessary consents and given the necessary notices before collecting the data. Furthermore, you represent and warrant that Live Positively won't violate, misappropriate, or otherwise infringe upon anyone else's rights (including intellectual property or privacy rights) or cause us to break any applicable laws by using the Personal Information in accordance with the purposes for which you provided it.
2. Account terms
2.1 Creation of an account.
- Register online to create a Live Positively account. When creating your account, you promise not to provide any information that is untrue, incorrect, or deceptive. In some situations, a third party, like your Internet service provider, may have given you an account. If a third party gave you access to your account, that party might also have extra rights, such as the power to access or cancel your account. As Live Positively is not liable for any extra terms offered by the third party, please study them. You represent that you are legally qualified to engage into this Agreement on behalf of any business for whom you are creating an account, including your employer or company. Your username and password for your account cannot be given to another person or organization.
2.2 Use of Account.
You must use your Live Positively account to keep it active. Your account allows you to create and publish content (articles, essays, etc.). Your Live Positively account will be closed if you do not log in regularly.
2.3 Posting content on Live Positively
- You are the first owner of the work you produce. Your copyright and any other applicable intellectual property laws are still in effect with regard to any original content that you post, upload, share, store, or otherwise give to Live Positively.
- This includes any information you supply to obtain a Live Positively username and account, newsletters, subscriber lists, other text or images you post to your Live Positively subdomain, and so forth. It also contains any remarks made on any previous or upcoming Live Positively discussion board features.
- In these Terms, "Post" means anything posted, uploaded, shared, saved, or otherwise provided through Live Positively. A few guidelines are common to all Posts:
- Don't Infringe: Your posts must not infringe on the rights of others, especially Live Positively. Unless you have the owner's prior authorization, you may not copy, reproduce, alter, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any content that is not your own.
- We Have a Limited License: You grant us the following rights in your Posts in order for us to show them on Live Positively and make them available to other users:
- Operating Live Positively: In order for us to provide, enhance, and inform you about new features inside Live Positively, you hereby grant Live Positively a license to translate, edit, reproduce, and take other actions with respect to your Posts. You acknowledge and agree that this license gives us the right to modify your Posts in accordance with this license in order to conform and adapt them to the technical constraints of networks, devices, services, or media. For instance, we might need to change your newsletter so that it can be viewed on both an iPhone and a computer.
- Public Posts: By sharing a Post with other Live Positively users, you give us permission to use your Post in public and to display, perform, and distribute it. Additionally, as authorized by Live Positively’s functionality, you also grant all other users of Live Positively a license to access the Post and to utilize and exercise all rights therein.
- Term of License: You acknowledge and agree that the licenses you grant are permanent, irrevocable, and granted in the entire world. Only a license is being granted; your ownership of the Posts is unaffected.
- Anytime, for any reason (including, but not limited to, if someone claims you provided that content in violation of these Terms), in our sole discretion, and without prior notice, we reserve the right to remove any content from Live Positively.
2.4 Live Positively Ownership and Intellectual Property
- We respect the intellectual property rights of others, and we reserve the right to remove or disable content that is thought to be infringing, as well as to delete the accounts of accused infringers who repeatedly use the site. You agree to follow any copyright warnings, trademark policies, information, and other limitations that we may send to you or that are published on Live Positively.
- Click here to see our full Copyright Dispute Policy and find out how to report content that might be infringing. Click here for additional information on the Digital Millennium Copyright Act, which controls how we handle these reports.
- You are aware that Live Positively belongs to us. These terms do not provide you any ownership rights in Live Positively or our intellectual property, including our trademarks, logos, and service marks.
Your usage of Live Positively or access to your account may be terminated (or suspended) for any cause at Live Positively’s sole discretion. If we decide that giving you advance warning would be impracticable, illegal, not in the interest of someone's safety or security, or otherwise injurious to the rights or property of Live Positively, we will endeavor to do so, so that you can retrieve any crucial Posts you may have uploaded to your account.
Additionally, Live Positively lets you delete your account at any moment. From your account page, you can remove your account if you'd like to. Any Posts connected to your account will likewise be erased when you delete it.
You acknowledge that some duties outlined in these Terms will continue to apply even if you close your account. Any obligation you have to pay us or indemnify us, any restrictions on our liability, any provisions relating to ownership or intellectual property rights, any provisions relating to disputes between us, and any other provisions that, by their nature, should survive termination of these Terms, will all survive termination.
Contact us right away at Live Positively.com if you accidentally deleted your account. We will do everything we can to help, but we can't guarantee that we'll be able to recover or restore anything.
4. Transfer and Processing Data
You consent that we may process, transfer, and retain information about you in the US and other countries in order to deliver our Services, even though you might not have the same legal rights and protections.
5. Disclaimers; limitation of Liability
- Although Live Positively seeks to provide excellent services, there are some things we can't guarantee. Your use of our Services is at your sole risk. You agree that users may share or post content on the Services “as is” and “as available” without any express or implied warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, Live Positively makes no claims or warranties regarding the accuracy, completeness, reliability, timeliness, or error-free nature of our Services. Information or advice provided by Live Positively don't create any warranty or representation expressly mentioned in this paragraph. Live Positively may offer information on items, services, events, or activities that are given by third parties, or we may accept third parties to publish their content on or via our Services (collectively, "Third-Party Content"). Any Third-Party Content is not under our direct control or endorsement, and we give no assurances or warranties as to its accuracy. Third-Party Content is accessed and used at the user's own risk. The disclaimers in this paragraph may not apply to you because they are prohibited in some jurisdictions.
- We don't exempt or limit our obligation to you in any situation where doing so would be against the law. This includes any liability for Live Positively or the other Live Positively Parties' willful misconduct, fraud, or gross negligence in providing the Services. We're liable to you only for losses and damages that are a fairly foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you in nations where the following sorts of exclusions are not permitted. Consumer rights that cannot be waived or limited by a contract or agreement are unaffected by this clause.
- Live Positively and Live Positively Parties will not be held liable in countries where exclusions or limitations of liability are allowed; namely:
- (a) Direct, indirect, exemplary, incidental, punitive, or special damages of any kind, even if Live Positively or its affiliates have been advised of their possibility.
- (b) Other than for the types of liability we can't limit by law (as described in this section), we limit Live Positively and the other Live Positively Parties' aggregate liability for any claim resulting from or connected with these Terms or our Services at the greater of $50.00 USD or the amount you paid to use our Services, whichever is greater.
- The Live Positively parties shall not be liable to you or anyone else for any loss or harm of any sort (including, without restriction, for any special, direct, indirect, incidental, exemplary, economic, punitive, or compelling impacts) in relation with the site, content, or services or your user postings, even (including, without restriction, whether caused in whole or in part by negligence, gross negligence, or otherwise, but excluding willful misconduct). The amount, if any, you paid to Live Positively for the specific service with respect to which the liability arose in the three months prior to the first event giving rise to the claim, shall not exceed the liability of Live Positively parties with respect to the site, content, and services or your user submissions for willful misconduct.
- You access the site, use the content, and use the services at your own risk. your one and exclusive right is to discontinue accessing and using the website, content, and services if you are unhappy with the site, content, or services or any of the content.
6. Legal complains
Please get in touch with us at email@example.com if you think any of the content on the website or services violates your intellectual property rights or the rights of any other party. Contact us at firstname.lastname@example.org if you have a legal issue that isn't a copy-right claim
7. Resolving Disputes
You agree to send a written notice of your claim to Live Positively at email@example.com before bringing a claim against us in order to try and resolve it amicably.
The notice must (a) contain your name, home address, email address, and contact information; (b) explain the nature and grounds of the claim; and (c) list the precise relief that is requested. Your email address that is connected to your online account will get our communication to you, which will include the details mentioned above. Either party may start a formal procedure if we can't come to an agreement within thirty (30) days of any notification being sent.
Please carefully read the following section as it contains important information that, unless you choose to opt out of arbitration by following the steps outlined below, limits how you can seek relief from Live Positively and requires you to arbitrate certain disputes and claims with us. This arbitration provision does not permit class or representative lawsuits or arbitrations. You cannot sue in court or get a jury trial if you enter into arbitration.
(a) No Representative Actions. You and Live Positively accept that any disagreement over these Terms or our Services is personal to you and Live Positively, and that any disagreement will only be resolved through individual court action. No class arbitration, class action, or other form of representative action will be brought in connection with any disagreement.
(b) Arbitration of Disputes. Unless Live Positively or you intend to bring an individual action in a small claims court, situated in the county in which you live, or if Live Positively intends to seek injunctive or equitable relief for alleged intellectual property infringement or misappropriation. You and Live Positively agree to forego the right to a jury trial and the right to file a lawsuit in the event of any other dispute arising from or relating to these Terms or our Services, including complaints about data security and privacy (collectively, "Disputes"). A single arbitrator will resolve all disputes submitted to JAMS through confidential, binding arbitration. Arbitration proceedings will be held in San Francisco, California, except for consumers, who may elect to have the arbitration in their county of residence. With reference to this part, the “consumer” is an individual using the Services for personal, family or household objectives. You and Live Positively acknowledge and agree that the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Rules") will govern the resolution of Disputes. The JAMS Rules are accessible on the JAMS webpage and are included into these Terms by reference in their most recent iteration. As you recognize and concur that you have read and comprehend the JAMS Rules, or you forfeit your chance to do so and any right to assert that the JAMS Rules are unjust or shouldn't apply for any reason at all.
(c) To the fullest extent authorized by law, the Federal Arbitration Act, 9 U.S.C. 1, et seq. (the "FAA"), will be substantively and procedurally governing this section's enforcement since Live Positively and you both acknowledge that it affects interstate commerce. the JAMS Rules, these Terms, and the FAA, as applicable. Any Dispute shall be decided by the arbitrator's exclusive discretion, and the arbitrator will have the authority to give any remedy that would otherwise be available in court, including the authority to decide whether the Dispute is arbitrable. The arbitrator is only permitted to conduct individual arbitrations; he or she is not permitted to combine the claims of more than one person, to preside over any kind of class or representative action, or to oversee any proceeding involving more than one person.
(d) Non-privileged information pertinent to the Dispute may be discovered or exchanged during the arbitration. The information obtained, compiled, and submitted for the purposes of the arbitration or in connection with the Dispute(s) therein will all be kept confidential by the arbitrator, Live Positively, and you. Unless the law expressly states otherwise, the arbitrator shall have the right to issue decisions that are necessary to protect confidentiality. The obligation of confidentiality is exempt from application in situations where disclosure is required by law or judicial order, including situations where disclosure is required to prepare for or conduct the arbitration case on the merits, in relation with a court application for a preliminary remedy, in connection with a judicial challenge to an arbitration award or its enforcement, or in situations where disclosure is otherwise necessary.
(e) You and Live Positively concur that for any arbitration you undertake, Live Positively will cover the remaining JAMS fees and costs and you will pay the court costs (up to a maximum of $250 if you are a consumer). Live Positively will cover all JAMS costs and fees for any arbitration it brings about. You and Live Positively concur that the implementation of an arbitration award and any appeals shall only be subject to the jurisdiction of the state or federal courts of the State of California and the United States sitting in San Francisco, California.
(f) Any Dispute must be brought within one year of the relevant claim's emergence; otherwise, the Dispute will be permanently barred and neither you nor Live Positively will be able to bring the claim.
(g) Within 30 days of the date you initially agreed to the provisions of this section, you have the option to reject binding arbitration by writing an email with your request to firstname.lastname@example.org. The opt-out notice must include your entire name, address, and a clear statement that you want to reject binding arbitration in order to be considered valid. By choosing not to participate in binding arbitration, you consent to having disputes resolved in accordance with the "Governing Law and Venue" clause in the following section.
(h) If any part of this section is determined to be unenforceable or illegal for any reason, (1) the unenforceable or illegal provision shall be separated from these Terms, (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section,(3) additionally, the parties agree that the arbitration process will be suspended pending the resolution of any individual claims, and that any claims that must be resolved as a class, collective, consolidated, or representative matter must instead be brought before a civil court with appropriate jurisdiction. In addition, to the extent that a provision of this section is deemed to preclude a single claim seeking public injunctive relief outside of arbitration, the remaining provisions of this section will nevertheless be enforceable.
From time to time, we might modify these Terms. If we make changes, we'll notify you by emailing the account-related email address, displaying an in product notice, or changing the date at the top of these Terms. The modified Terms will go into effect right away, unless we specify otherwise in our notification, and your continued use of our Services following the receipt of such notice signifies your agreement to the changes. You have to cease using our Services if you don't agree to the modified Terms.