Your privacy on the internet is important to us. As part of Live Trial Updates'
operation, we may gather certain types of information about livetrialupdates.com
users, and we would like to explain the types of information we gather, what
we do with it and how to correct or change the information.
Information Collected By livetrialupdates.com livetrialupdates.com collects
two types of personally identifying information from users: personal data (such
as names and e-mail addresses); and aggregated data (such as information about
traffic patterns on livetrialupdates.com, for example how many users log into
livetrialupdates.com on a daily basis.)
Personal Data
Personal data is collected when users provide personal data to livetrialupdates.com,
for example in registering for electronic newsletters or other membership services,
in answering surveys, purchasing items from livetrialupdates.com, and registering
for contests and other promotional opportunities provided by livetrialupdates.com.
Also, we collect the e-mail addresses of users who post messages to message
boards, personals and chat areas which may be offered by Live Trial Updates.
Aggregated Information
Aggregated information, such as which pages users access or visit and information
volunteered by users, such as survey information and/or site registrations,
is collected through various methods. For example, livetrialupdates.com collects
IP addresses. An IP address is a number that is automatically assigned to your
computer whenever you're surfing the Web. Web servers, the computers that "serve
up" Web pages, automatically identify your computer by its IP address,
and when you request a page from livetrialupdates.com, our servers log your
IP address. livetrialupdates.com does not link IP addresses to anything personally
identifiable, so although your session will be logged, you will remain anonymous
to us. livetrialupdates.com collects IP addresses for the purposes of system
administration and to provide aggregate data to advertisers about the volume
of use on livetrialupdates.com.
Use of Cookies
livetrialupdates.com also uses "cookies" to collect information.
A cookie is a small data file that most major Web sites write to your hard drive
for record keeping purposes when you visit them. Cookies allow livetrialupdates.com
to measure activity on the Site and to improve your user experience, for example
by remembering your passwords and viewing preferences, thus allowing you to
visit various member-only parts of the Site without re-registering. Cookies
are used by livetrialupdates.com to measure activity on the Site and make improvements
and updates based on which areas are popular and which are not. livetrialupdates.com
does not use cookies to retrieve information from your computer that was not
originally sent in a cookie. Except for personal information voluntarily provided
by you (i.e., during membership registration or a contest), livetrialupdates.com
does not use information transferred through cookies for any promotional or
marketing purposes, nor is that information shared with any third parties whatsoever.
You may occasionally get cookies from our advertisers, which is standard in
the internet industry. livetrialupdates.com does not control these cookies,
and these cookies are not subject to livetrialupdates.com's privacy policies.
Most browsers are initially set to accept cookies. If you'd prefer, you can
set yours to refuse cookies or to alert you when cookies are being sent. However,
it is possible that some parts of the Site that Live Trial Updates may offer,
such as the member-only areas and shopping, contest and game areas, will not
function properly if you do so.
Use of Information Collected by livetrialupdates.com
livetrialupdates.com uses both the personal and aggregated information we collect
for multiple purposes. The information is used to improve the content of the
Site, to customize the content and/or layout of the Site for each individual
user and to notify users about updates to the Site or promotional offers or
opportunities that we believe will be of interest to you.
Live Trial Updates shares aggregated information with third parties for both
advertising and promotional purposes.
Live Trial Updates may also share personal information with prescreened third
parties for marketing or promotional purposes. Live Trial Updates will endeavor
to provide users with an opportunity to decline this service when such information
is requested from you online. Live Trial Updates may also share information
with consultants and affiliates for internal business purposes and may divulge
personal information if such information is subpeonaed, or if Live Trial Updates
believes that any user has committed unlawful acts, to acts that endanger the
health or safety of another user or of the general public. In some situations,
we will share your personal information, on a confidential basis, with third
parties who perform a particular service on our behalf, such as sending e-mails.
Also, livetrialupdates.com may be sold or transferred to another entity. Should
such an event occur, customer information will of course be one of the transferred
assets.
In addition, in the event Live Trial Updates plans to post any personal information
on the Site, Live Trial Updates will either notify you of this possibility when
you provide the information and/or, if possible, when the information is posted.
Occasionally, we may post the name of a user (for example a contest winner)
on one of our sites. Live Trial Updates will notify you of this possibility
when you provide your information or, if possible, will notify you when the
information is posted.
Live Trial Updates uses a third party advertising company to serve ads when
you visit our sites. This company may use information (not including your name,
address, email address or telephone number) about your visits to our sites and
to other Web sites in order to provide advertisements on this site and other
sites about goods and services of interest to you. In addition, we share Web
site usage information about visitors to our sites with such company for the
purpose of managing and targeting advertisements on our sites. For this purpose,
we and our third-party advertising company note some of the pages you visit
on our sites through the use of pixel tags (also called clear gifs).
If you object to the use of personal information provided by you for any reason,
you may stop that use by modifying your registration information online. Please
change or delete your registration information by returning to: http://www.livetrialupdates.com/login/newreg.php,
unchecking the relevant boxes or deleting the relevant data and then clicking
"submit."
Also, if you have registered as a member through our online registration system
and have subscribed to one or more of any e-mail newsletter offered by Live
Trial Updates and do not want to receive such e-mail newsletter(s) from us in
the future, please discontinue your subscriptions by returning to: http://www.livetrialupdates.com/registration/,
unchecking the relevant box or boxes, and then clicking "submit."
Children and Privacy
Live Trial Updates encourages parents and guardians to spend time with their
children online, and to be fully familiar with the sites visited by their children.
At various places on livetrialupdates.com, Live Trial Updates will ask whether
users are under the age of 18, or 13, for example when requesting personal information
from users, or Live Trial Updates may ask for parental consent. However, while
Live Trial Updates requests this information or permission, Live Trial Updates
relies on users to be truthful in responding to these questions.
Individuals Under 13
No information should be submitted to or posted on the Site by users under
the age of 13 years without the consent of their parent or guardian. livetrialupdates.com
does not provide any personally identifying information, regardless of its source,
to any third party for any purpose whatsoever unless disclosed during collection.
Users under the age of 13 are generally asked not to participate in contests
or other promotional opportunities.
Individuals 13 Through 17
livetrialupdates.com requests that children under the age of 18 do not submit
or post information to the Site without a parent or guardian's consent. livetrialupdates.com
may collect information, including personally identifying information, from
users between the ages of 13 and 17, and with the permission of their parent
or guardian this information may be used for marketing and promotional purposes
by livetrialupdates.com and may be shared with prescreened third parties. If
a user or their parent or guardian changes their mind with respect to such use,
such user, parent or guardian may stop that use - either by e-mail request or
by modifying his/her registration information online as described above in "Use
of Information Collected by livetrialupdates.com".
Message Boards, Chat and Personals
Please remember that information posted to message boards, chat and personal
areas becomes public information. Use caution when posting. Users under the
age of 18 should be especially careful not to provide any personally identifying
information while using chat rooms, message boards and personals. As set forth
in livetrialupdates.com's Terms and Conditions of use, users of chat rooms,
message boards and personals must follow acceptable standards of behavior when
posting messages online.
Links to Other Sites
It is important to note that livetrialupdates.com contains links to sites other
than livetrialupdates.com, and that those sites may not follow the same privacy
policies as livetrialupdates.com. For instance, if you click on an advertisement
on livetrialupdates.com, this will take you away from livetrialupdates.com and
to an entirely different site. Other links include links from advertisers, content
providers and partners who may use livetrialupdates.com's logo and or style
as a result of a co-branding agreement. These sites may send their own cookies
to you, and may collect data and make uses of it that livetrialupdates.com would
not.
The use of any information or materials that you may access at these external
sites is purely voluntary. You should not rely on their contents without independent
and thorough review of the accuracy, completeness, effectiveness, timeliness
and correct sequencing. These external sites may also refer to specific commercial
products, processes, or services by trade name, trademark, service mark, manufacturer
or otherwise. Unless Live Trial Updates has provided specific authority, such
references in no way indicate our endorsement, recommendation or preference.
This section should be read in conjunction with the full Terms of Service,
below.
Additional Information
No transmission of data over the Internet is guaranteed to be completely secure.
It may be possible for third parties not under the control of Live Trial Updates
to intercept or access transmissions or private communications unlawfully. While
we strive to protect your personal information, Live Trial Updates cannot ensure
or warrant the security of any information you transmit to us. Any such transmission
is done at your own risk.
Under no circumstances, including but not limited to negligence, shall Live
Trial Updates be liable for any special, incidental or consequential damages
that result from the use of information or materials on our sites, even if Live
Trial Updates or an authorized representative of Live Trial Updates, has been
advised of the possibility of such damages. This section also should be read
in conjunction with the full Terms of Service.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE AND PRIVACY
POLICY.
Live Trial Updates reserves the right to change this policy at any time by
notifying users of the existence of a revised privacy policy. You can send e-mail
to us with any further questions at admin@livetrialupdates.com.
TERMS OF SERVICE
These Terms of Service (the "Agreement") set forth the terms and
conditions that apply to your use of the Web site located at http://www.livetrialupdates.com
and the services and materials offered thereon (the "Service") which
are offered to you by Live Trial Updates, Inc. ("Live Trial Updates").
BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU
HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue
your use of the Service.
1. Restrictions on Use
The Service is a computer online service. It is accessible to you through a
personal computer, or other access device at www.livetrialupdates.com (the "Live
Trial Updates Site") using a communications connection (e.g., modem and
telephone line). As part of the Service, you will be provided with services
that may include information, editorial content, chat rooms, links to other
Web sites and other computer services that Live Trial Updates may decide to
offer, subject to the terms hereof. Live Trial Updates may, in its sole discretion,
discontinue or alter any aspect of the Service, including, but not limited to,
(i) restricting the time of availability, (ii) restricting the availability
and/or scope of the Service for certain platforms (i.e., computer types and
operating systems), (iii) restricting the amount of use permitted, and (iv)
restricting or terminating any User's right to use all or part of the Service,
at any time in Live Trial Updates' sole discretion and without prior notice
or liability. You are responsible for all charges (e.g., telephone) associated
with connecting to the Service through an available access number. You are also
responsible for obtaining or providing all telephone access lines, telephone
and computer equipment (including modem), or other access device, necessary
to access the Service. You certify that you are an individual (i.e., not a corporation).
The Service is owned and operated by Live Trial Updates and its affiliated companies
and contains material that is derived in whole or in part from material supplied
and owned by Live Trial Updates and other sources. Such material is protected
by copyright, trademark, and other applicable laws. You may not modify, copy,
reproduce, republish, upload, post, transmit, publicly display, prepare derivative
works based on, or distribute in any way any material from the Service, including
but not limited to code and software ("Material"). You may, however,
download Material from the Service for your personal, non-commercial use only,
provided you keep intact all copyright and other proprietary notices and use
the Material in accordance with all restrictions applicable to your use of the
Service in general. In the event that you download Material from the Service,
such Material is licensed to you by Live Trial Updates and Live Trial Updates
does not transfer title to any such Material to you.
2. Membership Rules and Guidelines
(a) Registration
Should Live Trial Updates choose to provide member based services, when you
register to use these Services, you will be required to provide certain information
about yourself. You agree to provide true, accurate and complete information
about yourself, and to update this information when it changes. If you provide
any information that is untrue or inaccurate, not current, or incomplete, or
if Live Trial Updates suspects that your information is untrue or inaccurate,
not current, or incomplete, Live Trial Updates may, in its sole discretion,
suspend or terminate your membership and refuse current or future access to
the Service. Any personal information supplied hereunder will be subject to
the terms of our privacy policy. Members under the age of 18 must have parental
consent before joining Live Trial Updates, and children under the age of 13
may not register with Live Trial Updates. The Service is currently provided
for free. Live Trial Updates reserves the right to change the nature of this
relationship at any time.
(b) Passwords
Should Live Trial Updates provide to you a password that allows you to access
certain parts of the Service, you will be solely responsible for maintaining
the confidentiality of the password and your account information, and are fully
responsible for all activities that occur under your password or account. You
agree that you will immediately notify Live Trial Updates of any unauthorized
use of your password or account, or any other breach of security, and that you
will log off of the Service at the end of each session to prevent fraud on your
account by third parties.
(c) General
Live Trial Updates may choose to send you e-mail newsletters on a variety of
topics - for example, informing you of membership benefits and features, letting
you know of problems with the site or with services offered by Live Trial Updates,
or presenting you with the opportunity to buy selected products and services.
You may elect during registration not to receive these e-mail newsletters, and
you may start or stop receiving such e-mail newsletters at any time by sending
an e-mail to an address that shall be designated for that purpose. With your
permission, Live Trial Updates may send you e-mails on behalf of pre-screened
third parties containing promotional offers or opportunities that we believe
may be of interest to you. You may elect during registration to receive these
e-mails, and you may start or stop receiving such e-mails at any time by sending
an e-mail to an account that shall be designated for that purpose.
(d) Rules for Use of the Service
(1) Conduct Required for Use of the Service
It is a condition of your use of the Service that you do not: (i) restrict
or inhibit any other user from using and enjoying the Service; (ii) post or
transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information of any kind, including
without limitation, any images or other material depicting Nudity as herein
defined; (iii) post or transmit comments containing harassing or offensive language,
including sexual references, sexual nicknames, racial slurs, hate propaganda,
hate mongering, swearing, or rude or deliberately offensive comments, or engage
in disruptive activities online, including excessive use of scripts, sound waves,
scrolling (repeating the same message over and over), or use of viruses, bots,
worms or trojan horses; (iv) post or transmit any information, software or other
material that is fraudulent or violates or infringes the rights of others, including
material that violates privacy or publicity rights, or infringes copyright,
trademark or other proprietary rights, without first obtaining permission from
the owner or right holder, including WAREZ (copyrighted material distributed
without permission); (v) post or transmit any information, software or other
material that contains a virus or other harmful component; (vi) post or transmit
content that encourages or provides instructional activities about illegal activities,
in particular hacking, cracking or phreaking; (vii) post, transmit or in any
way exploit any information, software or other material for commercial purposes
or that contains advertising, "junk mail," "spam," or "chain
letters"; (viii) solicit other users to join, become members of, or contribute
money to any online service or other organization, advocate or attempt to get
users to join in legal or illegal schemes or plan or participate in scams involving
other users; (ix) impersonate any person or entity or falsely state or otherwise
misrepresent your professional or other affiliation with any person or entity;
(x) resell, redistribute, broadcast or transfer the information or use the information
derived from the Service in a searchable, machine-readable database; (xi) use
the Service to collect personally identifying information about users of the
Service in violation of our Privacy Policy; (xii) disguise a file type to thwart
Live Trial Updates's detection processes; (xiii) post or transmit any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national
or international law; (xiv) submit to the Live Directory multiple web sites
with different URLs that re-direct a user to one web page; (xv) submit to Live
Directory more than one URL for a single category; (xvi) update Live Directory
listings with intent to distort or misrepresent them, including but not limited
to changing titles of the entries, descriptions of the entries, URLs, or keywords,
or (xvii) attempt to gain unauthorized access to other computer systems or networks
connected to the Service. For the purposes of this Agreement, "Nudity"
shall include, without limitation, images depicting persons with unclothed genitalia
or persons wearing transparent clothing over genitalia. You agree that you will
not use the Service, including the information provided therein and all related
equipment, networks and network devices (specifically including Internet access)
for any unlawful purpose. Live Trial Updates, at its sole and absolute discretion,
shall determine whether any information transmitted or received violates this
provision. You may not use any Material in connection with any site or other
use that contains or is associated with information or content prohibited by
this section.
(2) Monitoring
Live Trial Updates has no obligation to monitor the use of the Service by members.
You acknowledge and agree that Live Trial Updates reserves the right to, and
may from time to time, monitor any and all information transmitted or received
through the Service for operational and other purposes. During monitoring, information
may be examined, recorded, copied, and used for authorized purposes in accordance
with our Privacy Policy. Use of the Service constitutes consent to such monitoring.
Furthermore, Live Trial Updates reserves the right at all times to disclose
any information posted on any portion of the Service as necessary to satisfy
any law, regulation or governmental request, or to refuse to post, or to remove,
any information or materials, in whole or in part, that in Live Trial Updates's
sole and absolute discretion are objectionable or in violation of this Agreement.
(3) License
By uploading files, inputting data, or engaging in any other form of communication
(a "Communication") through the Service you are granting Live Trial
Updates a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted,
worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform,
display, or create derivative works from any such Communication, and (ii) sublicense
to third parties the unrestricted right to exercise any of the foregoing rights
granted with respect to such Communication. No Communication shall be subject
to any obligation of confidence on the part of Live Trial Updates.
(4) Content on the Service.
Communications posted through the Service are provided by users such as you
who are unaffiliated with Live Trial Updates, and the user providing each such
Communication is solely responsible for the content thereof. This means that
you, and not Live Trial Updates, are entirely responsible for all Communications
that you upload, post, email or otherwise transmit via the Service. In using
the Service or receiving e-mail messages from members through the Service, you
should not assume that such messages have been reviewed by Live Trial Updates,
that such Communications contain correct information, or that the persons posting
such Communications have accurately identified themselves and/or their affiliation
with any third party. You understand that by using the Service, you may be exposed
to Communications that are offensive, indecent, or objectionable. Under no circumstances
will Live Trial Updates be liable in any way for any Communication, including,
but not limited to, liability for any errors or omissions in any Communication,
or for any loss or damage of any kind incurred as a result of the use of any
Communication posted, e-mailed, or otherwise transmitted via the Service.
(5) Personal Safety.
When using the Service, please be certain that anything you say does not compromise
your personal safety. Do not provide your name, phone number, postal or e-mail
address, your password, or any other personally identifying information to people
you do not know. Do not continue any conversation online that makes you feel
uncomfortable.
3. Submissions
Live Trial Updates is pleased to hear from users and welcomes your comments
regarding Live Trial Updates's programs and services. Live Trial Updates's longstanding
company policy does not allow it to accept or to consider creative ideas, suggestions,
or materials other than those it has specifically requested. We hope that you
will understand that the intent of this policy is to avoid the possibility of
future misunderstandings when projects developed by Live Trial Updates's employees
and agents might seem to be similar to creative works submitted by users. Accordingly,
while we value your feedback, we must ask that you do not send original creative
materials. If, at our request, you send certain specific submissions (for example
contest entries), or without a request from us you send creative suggestions,
ideas, notes or concepts or other materials (collectively, "Comments"),
they shall be deemed, and shall remain, the property of Live Trial Updates,
and shall otherwise be subject to the provisions below. You represent and warrant
that you are authorized to grant all rights in the Comments to Live Trial Updates.
Disclosure, submission, or offer of any Comments shall constitute an assignment
to Live Trial Updates of all worldwide rights, titles, and interests in all
copyrights and other intellectual property rights in such Comments. Live Trial
Updates may edit, copy, publish, distribute, translate, and otherwise use in
any medium any Comments that you forward to Live Trial Updates and will own
exclusively all such rights, titles, and interest and shall not be limited in
any way in its use, commercial or otherwise, of the Comments. Live Trial Updates
is and shall be under no obligation to: (1) maintain any of your or any user's
Comments in confidence; (2) to pay to you or any user any compensation for any
Comments; or (3) to respond to any of your or any other user's Comments.
4. Merchants
Your correspondence or business dealings with, or participation in promotions
of, merchants found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely between you and such
merchant. Live Trial Updates will not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such merchants on the Service.
5. Disclaimer of Warranties
Live Trial Updates HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED
BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE
THIRD PARTY MATERIALS ON THE SERVICE. NEITHER Live Trial Updates, ITS PARENT
OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN
ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.
THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE
SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Live Trial Updates DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND
WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. Live Trial
Updates DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND
PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE
FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE
STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Live Trial Updates DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE
USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR
CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You
assume all risk of errors and/or omissions in the Service, including the transmission
or translation of information. You assume full responsibility for implementing
sufficient procedures and checks to satisfy your requirements for the accuracy
and suitability of the Service, including the information, and for maintaining
any means that you may require for the reconstruction of lost data or subsequent
manipulations or analyses of the information provided hereunder. You acknowledge
and agree that your use of the Service, and any information sent or received
in connection therewith, may not be secure and may be intercepted by unauthorized
parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE,
REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
6. Limitation of Liability
IN NO EVENT SHALL Live Trial Updates, ITS PARENT OR SUBSIDIARY COMPANIES OR
ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED
THROUGH THE SERVICE, Live Trial Updates's REMOVAL OR DELETION OF ANY MATERIALS
OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF Live Trial Updates OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES,
WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM
OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Live Trial Updates,
ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. Indemnification
You agree to defend, indemnify and hold harmless Live Trial Updates, its parent
companies, affiliates, subsidiaries and their respective directors, officers,
employees and agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages, costs and
expenses (including reasonable attorneys fees) arising out of or accruing from
(a) any material posted or otherwise provided by you that infringes any copyright,
trademark, trade secret, trade dress, patent or other intellectual property
right of any person or defames any person or violates their rights of publicity
or privacy, (b) any misrepresentation made by you in connection with your use
of the Service; (c) any non-compliance by you with the terms and conditions
of this Agreement; and (d) claims brought by persons or entities other than
the parties to this Agreement arising from or related to your access and use
of the Service, including the information obtained through the Service.
8. Termination
Live Trial Updates may, in its sole discretion, terminate your password, account
(or any part thereof) or use of the Service, or remove and discard any Communication
transmitted by you, or information stored, sent, or received via the Service
without prior notice and for any reason, including, but not limited to: (i)
concurrent access of the Service with identical user identification numbers,
(ii) permitting another person or entity to use your user identification number
to access the Service, (iii) any other access or use of the Service except as
expressly provided in this Agreement, (iv) any violation of the terms and conditions
of this Agreement or the rules and regulations relating to the use of, the software
and/or data files contained in, or accessed through, the Service, (v) tampering
with or alteration of any of the software and/or data files contained in, or
accessed through, the Service, or (vi) failure to use the Service or portion
thereof on a regular basis. You may terminate your membership hereunder upon
thirty (30) days written notice by you to Live Trial Updates of your intent
to terminate this Agreement. Termination, suspension, or cancellation of this
Agreement or your access rights shall not affect any right or relief to which
Live Trial Updates may be entitled, at law or in equity. Upon termination of
this Agreement, all rights granted to you will automatically terminate and immediately
revert to Live Trial Updates and its licensors.
9. Trademarks
Live Trial Updates, the Live Trial Updates logo, and all other trademarks,
service marks and trade names used on the Service are the property of their
respective owners, and all of the above trademarks may not be copied, downloaded
or otherwise exploited without the permission of Live Trial Updates or the owner
of such trademark, service mark or trade name, except as explicitly permitted
in Section 1 above.
10. Minors
If you have agreed to allow your minor child, or a child for whom you are legal
guardian (a "Minor"), to use the Service, you agree that you shall
be solely responsible for: (a) the online conduct of such Minor; (b) monitoring
such Minor's access to and use of the Service; and (c) the consequences of any
use of the Service by such Minor. Children under the age of 13 should not register
for any Service hereunder. At various places on the Service, we ask whether
users are under the age of 18 or 13. Live Trial Updates relies on our users
to be truthful in responding to these questions. If a user does not identify
his/her proper age, we will have no way of verifying actual age with respect
to our privacy policy.
11. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Live Trial Updates hereby
notifies you that parental control protections (such as computer hardware, software,
or filtering services) are commercially available that may assist you in limiting
access to material that is harmful to minors. Information identifying current
providers of such protections is available at the Electronic Frontier Foundation
Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and
at the America Links Up Web site, http://www.netparents.org/parentstips/browsers.html.
To view information on our policy regarding the privacy of children under the
age of 13, please see our privacy policy.
12. Infringement Policy
Live Trial Updates, pursuant to 17 U.S.C. Section 512 as amended by Title II
of the Digital Millennium Copyright Act (the "Act"), reserves the
right, but not the obligation, to terminate your license to use the Service
if it determines in its sole and absolute discretion that you are involved in
infringing activity, including alleged acts of first-time or repeat infringement,
regardless of whether the material or activity is ultimately determined to be
infringing. Live Trial Updates accommodates and does not interfere with standard
technical measures used by copyright owners to protect their materials.
In addition, any written notice regarding any defamatory or infringing activity,
whether of a copyright, patent, trademark or other proprietary right must include
the following information:
A. A physical or electronic signature of a person authorized to act on behalf
of (1) the owner of an exclusive right that is allegedly infringed or (2) the
person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site. Similarly, for
materials that are defamatory or infringe patent, trademark, or other proprietary
rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the
subject of infringing activity, or that is claimed to be defamatory and that
is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your
address, telephone number, and/or electronic mail address.
E. A livetrialupdates.com that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright or other
proprietary right owner, its agent, or the law.
F. A livetrialupdates.com that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed or on behalf of the
person defamed.
13. Modification
Live Trial Updates reserves the right, in its sole discretion, to amend this
Agreement, and to modify, add or discontinue any aspect, content, or feature
of the Service. Such amendments, modifications, additions or deletions shall
become effective upon notice thereof, which may be provided to you by posting
on the Service, via e-mail or any other reasonable means. Continued use of the
Service by you shall constitute your binding acceptance of any such amendments,
modifications, additions or deletions.
14. Export Control Information
Unless otherwise specified, the materials on the Service are presented solely
to provide information regarding and to promote Live Trial Updates's Services
and other products available in the United States, its territories, possessions
and protectorates. The Service is controlled and operated by Live Trial Updates
from its offices within the state of Illlinois, United States of America. Live
Trial Updates makes no representation that materials on the Service are appropriate
or available for use outside the United States. Those who choose to access the
Service from outside the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent that local
laws are applicable. Software from the Service is further subject to United
States export controls. No software from the Service may be downloaded or otherwise
exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
By using the Service, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any
such list.
15. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws
of the State of Illinois without giving effect to any principles of conflicts
of law. Although you acknowledge that we will have the ability to enforce our
rights in any court of competent jurisdiction, you hereby consent to the exclusive
jurisdiction and venue of courts in Cook County, Illinois, U.S.A., regarding
any and all disputes relating to this Agreement or your use of the Service.
You acknowledge and agree that the warranty disclaimers and liability and remedy
limitations in this Agreement are material terms of this Agreement and that
they have been taken into account in the decision by Live Trial Updates to provide
the Service hereunder. You may not assign any of your rights, obligations or
privileges hereunder without the prior, written consent of Live Trial Updates.
Any assignment of the foregoing other than as provided for in this section shall
be null and void, ab initio. If any provision of this agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed severable
from this Agreement, shall be enforced to the fullest extent allowed by law
as to effect the intention of the parties, and shall not affect the validity
and enforceability of any remaining provisions. This Agreement and any posted
operating rules constitute the entire agreement of the parties with respect
to the subject matter hereof, and supersede all prior or contemporaneous communications
and proposals, whether oral or written, between the parties with respect to
such subject matter. No waiver of any provision or any right granted hereunder
will be effective unless set forth in a written instrument signed by the waiving
party. No waiver by either party of any breach or default hereunder shall be
deemed a waiver of any subsequent breach or default. You agree not to reproduce,
duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion
of the Service or access to the Service. The titles and subtitles used in this
Agreement are used for convenience only and are not to be considered in construing
or interpreting this Agreement.
Disclosure:
livetrialupdates.com reserves the right to access and disclose individually
identifiable information to comply with applicable laws and lawful government
requests, to operate its systems properly or to protect itself or its users.
Where practical, livetrialupdates.com will attempt to obtain the prior consent
of the individual prior to disclosing individually identifiable information.
