Last Modified: 21 February, 2020
Thank you for using mylivingchoice.com and our related apps and services (the “Services”).
By using the Services, you are agreeing to these Terms of Service (the “Terms”).
To help you understand these Terms, please review the following phrases, which will be used throughout these Terms:
You may use the Services to browse listings and for the other uses which we permit on the Services, in each case subject to the limitations in these Terms. Customers may use the Services as provided in these Terms and as further provided in their Order Form.
Customers may purchase premium services offered on the Services (a “Subscription”) using an Order Form.The Customer’s Subscription will automatically renew on a month to month basis after the expiration of the initial term.
If you click on any links that take you away from our Services, then you use those other sites and services at your own risk.
We may serve third-party advertisements on the Services. If you click on or purchase any of the goods or services for those third parties, you do so at your own risk. Our inclusion of those advertisements on the Services is not an endorsement by us of their goods or services.
You may not do anything on the Services directly or indirectly that: (a) is illegal or violates another contract; (b) will harm the Services, including without limitation using bots, scrapers, harvesters, or other automated systems; or (c) constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Services.
We may allow you to create, or gain access to,a user account. Some accounts may have different permission sets as permitted by us.You are responsible for everything that happens under your account. Additionally, each Customer is responsible for everything that happens under any account associated with that Customer.
We will use reasonable efforts to ensure the Services are available to you and Customers at all times, subject to scheduled downtime, which will generally not occur without prior advance notice to Customers. We may add to, modify, or terminate, portions of the Services at any time for any reason.
The Customershall pay us all fees associated with the Customer’s Subscription during the initial term and all renewal terms. Those fees will be described in the Customer’s Order Form. All fees must be paid in advance, are non-cancelable, and non-refundable. All fees are exclusive of taxes and similar government assessments of every nature and form, all of which must be paid by the Customer and not us.
If the Customer requests additional services beyond those offered in the Customer’s Subscription, then we may provide the additional services and invoice the Customer for the same. The Customer shall pay all undisputed payments in those invoices within 30 days of receipt. However, we will not provide any additional services without the Customer’s prior and express written/email consent.
We may charge the Customer interest at 1.5% per month for any undisputed fees which are not timely paid in accordance with these Terms.
We may change the fees for the Services (and/or additional services) after the initial term by providing the Customer with written/email notice of the change prior to the expiration of the initial term or the then current renewal term.
We own the Services and all intellectual property rights related to the Services. We grant you and the Customer a non-sublicensable, non-transferable, non-exclusive, limited license, to use the Services for their intended purposes in accordance with these Terms.
You represent that you own or otherwise have all necessary rights in and to the content which you upload to the Services to allow us to use that content on our Services. To the extent a user uploads content to the Services on behalf of a Customer, that Customer also represents that the Customer or the user owns or otherwise has all necessary rights in and to that content to allow us to use that content on our Services. You and the Customer grant us a worldwide, non-exclusive, license to access, use, process, copy, distribute, perform, export, and display, all of the content uploaded to the Services as contemplated in this paragraph as reasonably necessary (a) to provide, maintain, and update the Services; (b) to prevent or address service, security, support, and technical issues; (c) as required by law or these Terms; and (d) as permitted by the Customer in writing/email.
We respect intellectual property rights and it is our policy to comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).If you believe content on our Services infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a written or digital DMCA Notice to our Designated DMCA Agent at: Address or Email.
Your DMCA Notice must include the following:
PLEASE NOTE: Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Except as expressly provided in these Terms, the Services are offered on an “as is” and “as available” basis without any warranties of any kind; and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement.
In no event will you, a Customer, us, or any of our Released Parties, have any liability to the other party or to any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover, or punitive damages, however caused, whether in contract, tort, or under any other theory of liability, and whether or not we have been advised of the possibility of such damages. Us and our Released Parties’ liability to a Customer under these Terms (if any) shall not, together with amounts associated with all other claims, exceed the fees paid by the Customer to us for Services in the 12-months prior to the act that gave rise to the liability. Us and our Released Parties’ liability to you under these Terms (if any) shall not, together with amounts associated with all other claims, exceed the fees paid by you to us for Services in the 12-months prior to the act that gave rise to the liability. Additionally, any cause of action or claim which you or a Customer may have which arises out of or relates to these Terms must be brought (if at all) within one year after the cause of action or claim accrued, otherwise, such cause of action or claim shall be permanently barred. “Released Parties” means our parents, subsidiaries, affiliates, and licensors, and the owners, members, directors, officers, employees, contractors, and agents, of all of them.
You may delete your account at any time, for any reason. Additionally, to the extent your account is connected to a Customer, that Customer may delete that connection at any time, for any reason.
Customers may cancel their Subscriptions after the expiration of their initial term,however they will not be entitled to a refund for any unused portion of their Subscription.
If any individual or business (including you and each Customer) violates these Terms, or any other agreement between the individual or business and us, then we may terminate that individual’s or business’ right to use the Service, without any refund owned to the individual or business.
All disputes which arise out of the use of the Services shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited) and shall be administered in accordance with the American Arbitration Association’s (“AAA”) rules. To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Missouri Secretary of State. The arbitration proceedings shall be held in Jackson County, Missouri, USA.
Notwithstanding the agreement to arbitrate above, you, Customers, and us may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop intellectual property infringement (for example, trademark, trade secrets, copyright, and patent rights) without first engaging in arbitration.
Please read our Privacy Policy (available at URL). That policy describes what data we collect and how we use that data.
A party shall not be liable for any delay or non-performance of its obligations inthese Terms due to events beyond its reasonable control, including without limitation denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
The Customer’s Order Form is hereby incorporated into these Terms, but only for purposes of governing the relationship between us and the Customer. If a Customer’s Order Form conflicts with a provision in these Terms, then the provision in the Order Form will supersede the provision in these Terms with respect to that Customer and any users using the Services on behalf of the Customer.
These Terms set forth the complete and entire agreement between the partiesrelating to the subject matter in these Terms and supersedes all other discussions, negotiations, proposals, and agreements, whether oral or written, previously discussed or entered into, by the partiesrelating to the subject matter in these Terms.
The failure or delay by a party to exercise any right or remedy in these Terms shall not operate as a waiver of the same. The waiver by a party of a breach of any provision in these Terms shall not operate as a waiver of any subsequent breach. A waiver shall not be effective unless and until it is in written form and signed by the waiving party.
Each provision in these Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these Terms, but the remaining provisions shall remain in full force.
These Terms and the rights and obligations in these Terms may not be assigned by either party without the other party’s written consent. However, we and Customers may assign these Terms in theirentiretyif the assignment is part of an acquisition, merger, or other change of control.
These Terms shall be governed by and construed in accordance with Missouri law, excluding its conflict of law principles. If a dispute arises between the parties related to these Terms, and if such dispute is for any reason not subject to the arbitration requirements in these Terms, then the dispute shall be resolved in the state courts in Jackson County, Missouri, or when applicable in the U.S. District Court having jurisdiction over that county, and all parties consent to venue and personal jurisdiction there.Each party waives all rights it may have to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms.
These Terms are effective as of the Last Modified date at the top of this page.
We may amend these Terms at any time, for any reason, with or without notice to you/Customer, and your/Customer’s continued use of the Services after the amended Terms are posted on our Services will constitute your/Customer’s acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms materially alter your/Customer’s rights or obligations in these Terms, the amended Terms will become effective upon the earlier of (a) your/Customer’s continued use of the Services with actual knowledge of the amended Terms; or (b) 30 days after the amended Terms are posted on the Services.
Except as otherwise required, all notices and communications you or a Customer may send to us shall be sent to us at support@mylivingchoice.com.