liveClinic, its suppliers or the original creator of the Content own all copyrights to Content on the Web site and all other intellectual property rights related to the Web site. To the extent that liveClinic has the right to do so without compensation to third parties and except for Content specifically provided under other terms, liveClinic grants you permission to copy Content on the Web site solely for your non-commercial use in support of liveClinic products. You agree that any copies of the Content shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without liveClinic’s permission, "mirror" any Content contained on the Web site or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, or any other intellectual property right of liveClinic or any third party.
The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, and other properties (collectively the "Trademarks") displayed on the liveClinic Web site and liveClinic MyRecords application are protected intellectual properties that are registered and unregistered trademarks of liveClinic, its affiliates and others. Nothing contained on the liveClinic Web site or liveClinic Myrecords application should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Web site without the written permission of liveClinic or such third party that may own the Trademark displayed on liveClinic’s Web site. Your misuse of the Trademarks displayed on liveClinic’s Web site, or any other content on liveClinic’s Web site, except as provided herein, is strictly prohibited.
liveClinic does not want you to, and you should not, send any confidential or proprietary information to liveClinic via the Web site. Any submission by you to liveClinic, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of liveClinic. Furthermore, by your submission you grant liveClinic an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. liveClinic shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information. The Platform provides you with the ability to create, upload, submit, disclose, distribute or otherwise post content (including, without limitation, personally identifiable information, personal health information, activity tracking, food tracking and sleep tracking), materials, videos, audio clips, written comments, data, text, photographs, software, scripts, graphics, works of authorship or other information related to the Services we provide, including without limitation any feedback or suggestions for improvements, enhancements, or error corrections (collectively, “User Submissions”). You represent and warrant to us that:
We do not control the User Submissions uploaded, posted, transmitted or otherwise displayed on our Platform by others; therefore, we do not guarantee the accuracy, integrity or quality of any such User Submissions. You understand and agree that you may be exposed to User Submissions that are offensive or objectionable by using the Platform. Although we reserve the right, liveClinic.com has no obligation to monitor the Platform or User Submissions. liveClinic.com may edit, modify, suspend or remove any User Submission at any time for any reason in liveClinic.com sole discretion without notice to you (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission, in order to comply with applicable laws or failure to adhere to community standards and conduct guidelines set forth in this Agreement or otherwise established by liveClinic.com), or for no reason at all. liveClinic.com DISCLAIMS ANY ACTUAL OR IMPLIED DUTY TO MONITOR USER SUBMISSIONS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY USER SUBMISSIONS OR FOR THE QUALITY OR ACCURACY OF OTHER INFORMATION YOU PROVIDE THROUGH USING THE PLATFORM.
When you visit www.LIVECLINIC.com or send e-mail to us, you are communicating with us electronically. Accordingly, you explicitly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LIVECLINIC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE OR THE CONTENT. LIVECLINIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEB SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEB SITE. LIVECLINIC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. LIVECLINIC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, LIVECLINIC'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
liveClinic is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. liveClinic will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to liveClinic’s Designated Agent.
These Terms shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Orange County, California or the federal courts in the Southern California to resolve any disputes arising under these Terms. In each case these Terms shall be construed and enforced without regard to the United Nations Convention on the International transactions.