Terms of Use
YOU ACCEPT THESE TERMS OF USE AND IT BECOMES A BINDING CONTRACT UPON ACCESSING OR USING THE WEBSITE AT LIVANTA.COM OR ANY SUBDOMAIN THEREOF. IF YOU ARE ENTERING INTO THIS AGREEMENT AS AN AGENT FOR A COMPANY OR OTHER BUSINESS OR OTHER LEGAL ENTITY: (A) THIS AGREEMENT IS BINDING ON YOU, (B) THIS AGREEMENT IS BINDING ON YOUR COMPANY/BUSINESS AND (C) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER COLLECTIVELY TO YOU, INDIVIDUALLY, AS WELL AS SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE USE OF, AND YOU MAY NOT USE AND WE DO NOT CONSENT TO YOUR USE OF, THE WEBSITE.
You agree to use this site at your own risk. Under no circumstances, including, but not limited to, negligence, shall Livanta LLC or any of its related, affiliated companies or any of their employees, agents, officers, directors owners or other related persons be liable for any direct, indirect, incidental, special, consequential, or punitive damages that result from the use of, or the inability to use, this website. You specifically acknowledge and agree that Livanta LLC is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any of this site’s information or terms and conditions, your sole and exclusive remedy is to discontinue using this site. If any of the above limitations are excluded, prohibited or limited by law, you agree that our maximum liability for any direct or other damages of any kind to you is $100.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU, YOUR AFFILIATES, OR ANY OTHER PERSON WHO USED THE WEBSITE OR INFORMATION OR SERVICE THEREIN FOR ANY LOST PROFITS OR LOST 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, WHETHER ARISING HEREUNDER OR UNDER OTHER APPLICABLE LAW, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE IS PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTY OF ANY KIND AND WE HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING UNDER ANY UNIFORM COMMERCIAL INFORMATION TRANSACTIONS ACT. THERE IS NO WARRANTY THAT ANY SERVICE, INFORMATION, POSTINGS, CONTENT, EFFORTS OR ANY SYSTEM PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FOR THE AVOIDANCE OF DOUBT, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE COMPLY WITH ANY APPLICABLE DATA PROTECTION LAW.
All material including links to other sites and content found at linked sites is provided “as is” and without express or implied warranties, including warranties of merchantability or fitness for a particular purpose. Livanta LLC does not warrant that access to this website or any of its pages will be uninterrupted or error free. Livanta LLC does not warrant or make any representations regarding the usefulness of or the expected results of the material contained on this site.
The product and service descriptions provided on this website are not intended to constitute offers to sell or solicit in connection with any product or service. Some products or services may not be available in all states. Anyone interested in a particular service or product should contact Livanta LLC to ascertain whether the service or product is available in his/her jurisdiction and to request a complete description of the service or product.
Health information, if any, which may be provided on this website is solely for informational purposes as a public service. It does not constitute legal, medical or other advice and is not intended to be a substitute for proper medical care provided by a physician or advice provided by any other professional. Livanta LLC assumes no responsibility for any circumstances arising out of the use, misuse, interpretation, or application of any information supplied on this site. Always consult with your doctor or other professional for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this site as a tool for self-diagnosis. Medical information changes rapidly; therefore, some information on this website may be out of date and/or contain inaccuracies.
Notice concerning Communications Decency Act?
Electronic mail, text messages, Facebook messenger and other electronic communications are not secure and such communications may be accessed and viewed by others without your knowledge and permission while in transit to the receiver. For your privacy protection, please do not use any electronic communication services for confidential communications. We encourage customers to send confidential correspondence through the postal service or by using the telephone to speak directly to our employees. We are not responsible for the security or confidentiality of communications you send to us via electronic communications.
Termination or suspension
If We determine that Your use or actions are causing or likely to cause material and imminent damage to Us, to our infrastructure or to our ability to provide the website or our services, or that your use is violating or may violate the rights of third parties or of applicable law, or we determine your use otherwise constitutes a misuse of our website, we may suspend Your access to the website and service immediately without notice and we may ban you or prevent you from accessing the website. We shall endeavor in subjective good faith to give You notice if We take this emergency action, and to restore the website and services as soon as the issue that caused such suspension is resolved, in Our discretion.
Restrictions On Use of this website
Subject to use of the website for its intended purpose for your personal use, and except as expressly permitted by law, We reserve all rights, title and interest in and to the Website, including all related patent, copyright, trademark, trade secret and other proprietary rights therein (intellectual property rights), and all enhancements, modifications and other alterations or derivatives thereof, regardless of whether such enhancements, modifications and other alterations or derivatives thereof arise from any suggestion, input, idea, or other submission by You or a User. For the avoidance of doubt, You hereby assign over to Us (and automatically assign over to us in the future) all right, title and interest to all intellectual property rights described or disclosed in any suggestion, input, idea, or other submission by You relating to the Website; provided however that at no time shall We own any rights in Your personal data. No rights are granted to You hereunder other than as expressly set forth herein.
The website and the information contained therein, including the selection and arrangement of such information, is copyrighted and you may not, other than as comprised in a standard browser when accessing the website and information for your personal use, reproduce, distribute, make derivative works, reuse or otherwise make any other use of the information contained on this website without the prior written consent of Livanta LLC. The information, text, graphics, and links on this website are provided as a convenience to you.
Trademarks
Livanta is a trademark of Livanta LLC, all rights reserved. Adobe, the Adobe logo, and Acrobat are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other counties. Other product and company names mentioned herein may be the trademarks of their respective owners and are used solely to identify the product or service of such trademark owner. Livanta, LLC is not affiliated with or otherwise endorsed by any other trademark holder displayed in the website.
Links To Other Materials
Livanta LLC provides links to third party websites solely as a convenience to you. If you use these links, you will leave the website. The linked sites are not under the control of Livanta LLC and Livanta LLC is not responsible for the content of any linked site or any link contained in a linked site. Livanta LLC reserves the right to terminate any link at any time. Livanta LLC has not reviewed all of the linked third party sites and does not endorse or otherwise take any responsibility or make any representations about any such third party content, or any information, software, or other products, services, or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this website, you do this entirely at your own risk.
Links To Other Materials
By accepting this Agreement, you agree that linking to the website is subject to the following guidelines and all applicable laws. You:
- May link to, but not replicate, Livanta LLC content.
- Should not create a browser or border environment around Livanta LLC content (no frames/iframes).
- Should not imply that Livanta LLC is endorsing you or your products.
- Should not misrepresent your relationship with Livanta LLC.
- Should not present false information about Livanta LLC products or services.
- Should not use the Livanta LLC logo or other Livanta LLC trademarks without permission from Livanta LLC.
- Should not associate content that could be construed as unlawful, distasteful, or offensive in connection with the link.
Applicable Laws
This website is administered by Livanta LLC from its offices within the United States of America. You may not use or export materials provided in violation of U.S. export laws and regulations. This Agreement is governed by and construed in accordance with the laws of the State of Maryland and of the United States, without giving effect to any conflicts of laws principles.
Submissions
Livanta LLC welcomes your comments regarding this website. However, all creative suggestions, ideas, concepts, or other information sent to Livanta LLC become the property of Livanta LLC. Do not send Livanta LLC any private, confidential, proprietary or similar information through or on the website or via an electronic communication.
Changes to the website and these terms of use
Livanta LLC reserves the right to make changes to the website, disable it, or to otherwise modify it. Livanta also reserves the right to modify these terms of use and such modifications shall be effective immediately upon posting the revised terms of use on the website. We encourage you to review this website and these terms periodically for any updates or changes.
Waiver of Jury Trial; exclusion of certain laws; venue. EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. The parties agree that the Uniform Commercial Code, the United Nations Convention on Contracts for the International Sale of Goods and any Uniform Computer Information Transactions Act shall not apply between us. Each party agrees and consents to the sole and exclusive personal jurisdiction and venue for any dispute in the courts in the State of Maryland.
Indemnification. In addition to any other indemnity provided herein, You hereby covenant to indemnify, defend and hold Us (and our members, owners, officers, employees, agents, affiliates and other persons acting on Our behalf) harmless from and against any claim made or brought against Us by a third party: (i) alleging that Your data or Your use of the website are in violation of this Agreement, infringe or misappropriate the intellectual property or other personal or corporate rights of a third party or violates applicable law, rules, regulations or orders; (ii) arising from Your (or Your agents, affiliates, or other persons who act on Your behalf) negligent or intentional action or omission, breach of this Agreement, or failure to comply with applicable law, rules, regulations or orders. Without limiting the foregoing, You shall indemnify Us for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Us (and our members, owners, officers, employees, agents, affiliates and other persons acting on Our behalf) in connection with any such claim. We will use reasonable and prompt effort to give You written notice of the claim, give You sole control of the defense and settlement of the claim (provided that You may not settle any claim unless the settlement unconditionally release Us of all liability) and (c) provide to You all reasonable assistance, at Your expense.
Arbitration
- Notwithstanding anything to the contrary contained in this Agreement, except with respect to actions for equitable relief filed by Livanta LLC, which claim may be filed directly in a court of competent jurisdiction as provided above, any other dispute between the parties to this Agreement, whether arising in tort, contract, pursuant to a right under statute, rule or regulation, and including any claim that may be subject to a class action, shall be settled by binding arbitration under the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (the “AAA”), and shall be held in the State of Maryland, United States.
- Any dispute properly submitted for arbitration shall be referred to one arbitrator in an arbitration administered by the AAA, according to the following procedures: The party or parties submitting (“Submitting Party”) the intention to arbitrate (the “Submission”) shall nominate one arbitrator. If within 20 days of receipt of the Submission, the party or parties receiving the Submission (“Answering Party”) does not agree on such arbitrator, then the arbitrator shall be appointed by the AAA in accordance with the Rules unless the parties can agree on an arbitrator. The parties agree that they shall consent to an expedited proceeding under the Rules, to the full extent the AAA can accommodate such a request.
- The ruling of the arbitrator shall be binding and conclusive upon all parties hereto and any other person or entity with an interest in the matter, and the arbitrator shall have the authority to direct the parties to make payments, withdrawals and distributions with the results of arbitration.
- The arbitration provision set forth in this Agreement shall be a complete defense to any suit, action or other proceeding instituted in any court regarding any controversy or claim (except as provided for above for claims permitted to be filed directly in court, but including, without limitation, whether any controversy or claim is subject to arbitration) arising out of or relating to any said disputes to be arbitrated hereunder between the parties; provided, however, that (A) Livanta LLC may request a State of Maryland State Court or State of Maryland Federal District Court to provide interim injunctive relief in aid of arbitration hereunder or to prevent a violation of this Agreement pending arbitration hereunder (and any such request shall not be deemed a waiver of the obligations to arbitrate set forth in this Agreement), (B) any ruling on the award rendered by the arbitrator may be entered as a final judgment in any court of competent jurisdiction anywhere in the United States, including but not limited to in a State of Maryland State Court or State of Maryland Federal District Court (and each of the parties hereto irrevocably submits to the jurisdiction of such court for such purposes) and (C) application may be made by a party to any court of competent jurisdiction wherever situated for enforcement of any such final judgment and the entry of whatever orders are necessary for such enforcement.
- In any proceeding with respect hereto, all direct, reasonable and out-of-pocket costs and expenses (including, without limitation, AAA administration fees, arbitrator fees, expert witness fees, and attorneys’ fees) incurred by the parties to the proceeding shall, at the conclusion of the proceeding, be paid by the party incurring the same; however, the arbitrator may award payment of all or any portion of any such fees and expenses to the prevailing party in arbitration, or on the basis of any obstreperous or excessive litigation tactics.
- The arbitrator shall have power to permit reasonable discovery using subpoenas and other regular procedures and the parties shall cooperate in such discovery and not unduly multiply the proceedings, make duplicative or unnecessary requests or otherwise cause undue expense. The arbitrator shall have the power to sanction any party that violates the arbitrator’s rules or orders, which sanctions may include payment of fees and costs incurred by the other party, up to and including dismissal and/or default judgment.
No adverse construction. Neither party shall be subject to any adverse construction rule as the draftsperson of this Agreement.
Electronic Communications. You agree to transact business with Us using electronic communications, either via web forms on the website, or via email. Electronic communications will be deemed received by You when Your electronic communication system reports that any electronic communication We send You has been received by Your system, regardless of whether You ever actually open or read such electronic communication. We may, but are not required, to use return receipt requests. Unless specifically required by applicable law or as otherwise provided herein, You consent to receive all notices, information, and other communications from Us concerning any subject matter, via electronic communication. It is Your responsibility to maintain valid electronic communication addresses, and to review the websites messages, and We may terminate Your access to the website without liability to you if, after We give You reasonable prior notice, You fail to update and maintain Your electronic communication addresses.
The Livanta LLC Privacy Statement describes how Livanta LLC uses and discloses your personal information. By accessing, browsing, and using this site, you accept, without limitation or qualification, the Livanta LLC Privacy Statement. The Livanta LLC Privacy Statement may change without notice. You may view the Livanta LLC Privacy Statement here
Date: January 15, 2020