Read this Agreement carefully. You (the “User”) will be bound by its terms whenever you use the LiveAbledTM service. LiveAbledTM IS AN INTERNET-BASED ON-LINE INFORMATION AND COMMUNICATION SERVICE, AND SETS FORTH THIS AGREEMENT AS A CONDITION TO YOUR USING LiveAbledTM (THE "AGREEMENT").
YOU AGREE TO BE BOUND BY THIS AGREEMENT BY ACCESSING AND USING THE LiveAbledTM SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE LiveAbledTM.com SERVICE.
LiveAbledTM may modify these terms and conditions from time to time at its sole discretion, and without prior notice. Accordingly, You agree to review this Agreement periodically to ensure that You agree to abide by the terms of this Agreement as they may be modified from time to time.
1. DISCLAIMER AND DISCLOSURE
The information contained in the LiveAbledTM site is presented for the purpose of educating consumers on wellness and disease management topics. Nothing contained in the LiveAbledTM service is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained in LiveAbledTM is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Nor is the information on LiveAbledTM necessarily complete or exhaustive as to any disease or condition that is covered within the site. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read in LiveAbledTM. The information contained in LiveAbledTM is compiled from a variety of sources ("Information Providers"). Neither LiveAbled nor any Information Providers directly or indirectly practice medicine or dispense medical services as part of LiveAbledTM
LiveAbledTM provides medical information to people with disabilities. LiveAbledTM is not an on-line retail store featuring or selling medical devices.
From time to time, LiveAbledTM may feature certain products or otherwise mention and/or provide information about certain products. No product featured or any information provided is intended nor should it be construed by you to mean that any such product is the best suited for your particular needs. No information concerning any product should be used in place of your physician’s independent judgment. In certain instances, LiveAbledTM may receive consideration from manufacturers and/or distributors for providing information concerning a certain product or products.
LiveAbledTM sometimes enters into various forms of business relationships with suppliers of medical products, drugs and services. LiveAbledTM also may occassionaly comment on the products or services of these business partners. LiveAbledTM strives to fairly and independently evaluate all products and services discussed on its site, and does not comment favorably on products of business partners because of its relationship with the partner. However, LiveAbledTM believes users should know of any relationship it has with producers of products it reviews, and accordingly discloses the fact of any such relationships in the "Partners" section of its website.
2. LICENSE
By this Agreement, LiveAbledTM grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use LiveAbled in real time and to use the materials in LiveAbledTM in a manner consistent with the terms of this Agreement.
You may view, download and print information on the LiveAbledTM site for your personal and family use only. You may not modify, distribute or commercially use in any manner any information on the site.
3. TERMINATION
The User may terminate this license at any time ceasing to access and use the LiveAbledTM site, although User shall remain bound by this Agreement with respect to any past used of the site. LiveAbledTM may at its sole discretion terminate this license at any time, with or without prior notification, in the event the User fails to comply with the terms and conditions of this Agreement or for any other reason that LiveAbledTM believes, in its sole discretion, is appropriate, by deactivating the User's username and password and/or suspending operation of the system.
4. WARRANTY DISCLAIMER
User recognizes that LiveAbled is to be used only as a reference aid. It is not intended to be a substitute for the exercise of professional judgment by the User.
Information on LiveAbledTM is generated through internal resources of LiveAbledTM and through external consultants and third party sources (“Information Providers”). Inherent hazards of electronic distribution may result in delays, omissions or inaccuracies in such information in LiveAbledTM.
While great care has been taken in organizing and presenting the material in LiveAbled, LiveAbledTM does not warrant or guarantee any of the products described, prices supplied, or medical device information contained in LiveAbledTM. LiveAbledTM does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided to it by its third party Information Providers.
From time to time, LiveAbled may indicate that certain products,services or medical professionals meet certain certification standards or otherwise are highly regarded. Any such statements constitute only statements of opinion by LiveAbledTM personnel, applying criteria they believe to be sound and reasonable but that may be subject to dispute. Accordingly, no such certification or statement constitutes a warranty or even a recommendation with respect to those products and services; rather, it is a statement of opinion that the User may take into account, along with other factors, in discussing and evaluating options with medical professionals.
It should be understood that by making this material available, LiveAbledTM is not advocating the use of any product described in LiveAbledTM at all, whether in place of some other product or in the absence of another product, nor is LiveAbledTM responsible for misuse of a product due to typographical error. Medicine is an innovative and therefore an ever-changing science. In view of the possibility of human error or changes in medical science, Users are advised to confirm the information in LiveAbledTM with independent sources including their physicians or other health care providers.
LiveAbledTM services and LiveAbledTM software and information accessed through LiveAbled (the "Services") are provided "AS IS" without warranty, express or implied. LiveAbledTM hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the Services to the extent that any would otherwise deemed to be created hereby by applicable law. There are no warranties, which extend beyond the description on the face of this Agreement. LiveAbled and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. LiveAbledTM and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. LiveAbledTM and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. LiveAbledTM and Information Providers do not warrant or guarantee that the functions or Services performed in LiveAbled will be uninterrupted or error-free or that defects in LiveAbled will be corrected. Users of LiveAbledTM are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to LiveAbledTM for the reconstruction of any lost data.
5. ON-LINE COMMUNICATIONS
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by LiveAbledTM . LiveAbledTM cannot and does not screen content provided by you to LiveAbledTM. Notwithstanding the foregoing, LiveAbledTM reserves the right to monitor content on LiveAbled and to remove content, which LiveAbled, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or operating policies for Users of LiveAbledTM .
You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use LiveAbledTM as permitted by this Agreement, LiveAbled’s operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the LiveAbled area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). LiveAbled’s operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available upon request and/or will be made available online. LiveAbled reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
You are responsible for your communications and your use of LiveAbledTM . You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to LiveAbledTM with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image, link or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, link, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use LiveAbledTM to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by LiveAbled; (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or LiveAbledTM ; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or LiveAbled; (m) use LiveAbledTM in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to any person or entity the User directory or any portion thereof other than for personal, noncommercial purposes without the prior written permission of LiveAbled; (o) falsely purport to be an employee or agent of LiveAbledTM (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of LiveAbledTM , in a manner that is contrary to any applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful.
While it is not the intent of LiveAbledTM to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in LiveAbledTM , nonetheless, LiveAbledTM reserves the right to take such action as it deems appropriate in cases where LiveAbledTM is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on LiveAbledTM you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability and/or termination of your license to use LiveAbledTM.
6. OPERATION
LiveAbledTM reserves complete and sole discretion with respect to the operation of LiveAbledTM. LiveAbledTM may, among other things: (a) delete email if it has not been accessed by a User within the time established by LiveAbled's policies; (b) make available to third parties information relating to LiveAbledTM and Users; and (c) withdraw, suspend or discontinue any functionality or feature of LiveAbledTM.
7. CONTENT
Statements made by Users and others in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, CPs, or Merchants appearing on LiveAbledTM are not authorized LiveAbledTM spokespersons, and their views do not necessarily reflect those of LiveAbledTM.
8. LICENSES AND IDEA SUBMISSIONS
You agree to grant to LiveAbledTM a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of LiveAbledTM (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights and exclusive legal rights, if there is any, in all such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against LiveAbledTM for any alleged or actual infringement or misappropriation of any actual or alleged proprietary right in your communication to us.
9. INDEMNIFICATION, WAIVER, RELEASE AND LIMITATION OF LIABLITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LiveAbled, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING LiveAbledTM USING YOUR SERVICE ACCOUNT.
YOU AGREE THAT NEITHER LiveAbled, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF LiveAbledTM.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST LiveAbled, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF LiveAbledTM. IN THE EVENT THAT THIS PARAGRAPH IS HELD NONENFORCEABLE FOR ANY REASON, IT IS AGREED THAT THE REST OF THIS AGREEMENT IS BINDING AND ENFORCEABLE AS TO YOU AND YOUR USE OF LiveAbled
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF LiveAbled, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF LiveAbledTM ARE HEREBY EXCLUDED EVEN IF LiveAbledTM ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia without regard to its choice of law rules. You agree that any legal action or proceeding between LiveAbledTM and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in the General District Court or Circuit Court sitting in the City of Charlottesville, Virginia, United States; provided, however, that any such action or proceeding may, at the election of LiveAbledTM only, be removed to the United States District Court for the Eastern District of Virginia, Richmond Division. You hereby consent to personal jurisdiction and venue in any such court. Any cause of action or claim you may have with respect to LiveAbledTM must be commenced within one (1) year after the claim or cause of action arises.
11. MODIFICATIONS, WAIVERS AND ASSIGNMENTS
LiveAbledTM ’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. LiveAbledTM may assign its rights and duties under this Agreement to any party at any time without notice to you. Notwithstanding the foregoing, it is LiveAbled’s policy to comply with all applicable laws and regulations, as they may be modified from time to time. In the event any provision of this Agreement is determined by a final judgment of a court of competent jurisdiction to conflict with any applicable law or regulation, the applicable law or regulation will supersede the conflicting provision.
LiveAbledTM.User Agreement.March 2007