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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

This Internet site at www.livebydesign.com (the "Site") is owned and operated by Live by Design, and is subject to the following terms and conditions ("Terms of Use"). By accessing or using the Site, you signify your agreement to these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, please do not access or use the Site.

1. Your Obligations

Comply with Laws and our Terms

You agree to use the Site only for purposes that are permitted by these Terms of Use and you agree to comply with all applicable laws.

License and Warrant your Submissions

We do not claim any permanent ownership of any content that you submit to the Site. You retain all copyright and any other rights you already hold in any content that you submit, post or display on the Site. We do however require a limited license to host and display any content that you submit to the Site. Therefore, you hereby grant a non-exclusive, world-wide, royalty-free right to Live by Design to copy, reproduce, modify, adapt and publish the information you submit to the Site solely for the purpose of displaying and distributing the content for so long as you choose to make your content available on the Site. By submitting any information to us, you represent and warrant that such submission is accurate to the best of your knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights

Personal Information

In order to access and use this Site you may be required to provide information about yourself (such as your name and contact details) as part of the registration process for the Site. You agree to provide us with accurate, correct and up to date information. Note that we describe our current practices related to personally identifiable information collected through the Site in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.

Indemnify Us

You agree to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims, charges or investigations, caused by your failure to comply with these Terms of Use, including, without limitation, your submission of transmission of content that violates third party rights or applicable laws.

Accept Responsibility for Your Account

You are responsible for maintaining the confidentiality of any passwords associated with any account you use to access the Site, for monitoring all activity under the account, and you agree to assume full responsibility for all activities that occur under you account. You may not disclose or share your user name or password with any third parties or use them for any unauthorized purpose. If you become aware of any unauthorized use of your password or your account, you agree to notify us immediately at the email address or phone number provided for notice in these Terms of Use.

2. Your Rights

On the condition that you comply with all of your obligations under these Terms of Use and applicable law, we grant you a non-exclusive, revocable, non-assignable, non-sublicenseable, royalty-free (except where we expressly state otherwise, and you agree, that charges apply) right to view and post content to the Site through a web browser. We grant you no othe rights, implied or otherwise. You agree not to copy, prepare derivative works of, improve, distribute, transmit, use or commercialize any content obtained through the Site. Yo acknowledge and agree that Live by Design owns all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site.

3. Our Obligations

We agree to allow you to access and use the Site as it may exist and is available on any given day so long as we, at our sole discretion, make such Site generally available without charge. We have no other obligations, except as expressly stated in these Terms of Use.

3. Our Rights

We may modify, replace, suspend or discontinue the Site, partially or entirely, or disable your access to the Site, at any time and in our discretion, without prior notice to you and we reserve all rights not expressly granted herein, including without limitation, title, ownership, intellectual property rights, and all other rights and interests in the Site. We reserve the right, but shall not be obligated to, pre-screen, review, flag, filter, modify, refuse, or remove any or all content, including Personal Data from the Site. You acknowledge and agree that if we disable your access to the Site, you may not be able to access your account details or other content which is contained on your account. We shall have no liability to you for the deletion of any of your content or for suspending and discontinuing your use of the Site.

5. WARRANTY DISCLAIMER

LIVE BY DESIGN DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, (1) THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (2) THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR (3) ABOUT THE ACCURACY OR SUITABILITY OF THE CONTENT ON THIS SITE FOR ANY PURPOSE. DO NOT RELY ON THE SITE OR ANY INFORMATION WE OR OTHER USERS MAY PROVIDE. NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE PROVIDE THE SITE AND ALL INFORMATION "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. If you are dissatisfied or harmed by THE SITE OR ANY INFORMATION PROVIDED, you may STOP USING THE SITE and terminate the Agreement. such termination shall be your sole and exclusive remedy.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVE BY DESIGN, BE LIABLE FOR (1) ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NO LIMITED TO, LOSS OF USE, DATA OR PROFITS, OR (2) DIRECT OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THIS SITE OR YOUR RELIANCE ON, OR THE DISPLAY OF ANY CONTENT THROUGH THIS SITE, WHETHER OR NOT LIVE BY DESIGN WAS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH LIVE BY DESIGN MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.

7. Termination

Live by Design may terminate these Terms of Use at any time, for any or no cause, without prior notice to you. Upon termination, your right to access and use the Site shall cease immediately. These Terms of Use shall survive any termination, except "Your Rights" and "Our Obligations" Sections. You may stop using the Site at any time and you do not need to inform Live by Design when you stop using the Site.

8. Complaints

Regarding copyright infringement complaints, see our Notice and Procedure for Making Complaints Regarding Copyright Infringement

9. General

Choice of Law and Forum. Unless otherwise required by local law, these Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Florida, United States of America without regard to its conflicts of law principles. The state or federal courts located in Miami Dade County, Florida, shall have exclusive jurisdiction over any cause of action arising out of or related to the content or use of this Site.

Notice. We may provide notices to you via postings on the Site, via email or via any other means of communication for which you have provided contact information.

Severability. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Waiver. No waiver of any provision of these Terms of Use by Live by Design shall be deemed a further or continuing waiver of such provision or any other provision, and Live by Design's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, and replace all prior or contemporaneous communications, oral or written.

Changes. Live by Design reserves the right to modify any part of these Terms of Use at any time. Any modifications shall be effective upon posting to the Site. You agree to review these Terms of Use periodically so that you are aware of any such modifications. Your continued use of the Site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If, at any time, the Terms of Use are not acceptable to you, you should immediately cease use of the Site. You agree that the above-stated standard for notice of modifications is reasonable.

Links to other Internet Sites. The Site may contain links to other Internet sites and services that are operated and maintained by third parties. You acknowledge, understand and agree that Live by Design, to the extent permitted by law, will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other sites.

Copyright and Service Mark/Trademark Notices. All copyright, trademarks, service marks, logos and designs used on the Site, whether registered or unregistered, are owned by Live By Design or other third parties. You may not use or display any copyrights, trademarks, service marks, logos or designs owned by Live By Design or other third parties without prior written consent.

Date Last Modified: 04/20/10

Any rights not expressly granted in these Terms of Use are reserved.

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