Last modified: May 25, 2018
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. WE ENCOURAGE YOU TO REVIEW THIS AGREEMENT WHENEVER YOU USE THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO THIS AGREEMENT.
The Site and all of its materials, including, but not limited to, its software, HTML code, scripts, text, artwork, photographs, images, video, and audit (collectively, “Content”) are protected by copyright and trademark laws and other United States and international laws and is our property. We do not grant to you any rights, interest, or title in the Site or Content. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Site or any of the Content without our prior written permission. You may not access or use the Site for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Site or Content is prohibited.
We grant to you a limited, non-exclusive, non-assignable, non-transferrable license to access and use the Site and Content for your own personal, non-commercial purposes, subject to your agreement to, compliance with, and satisfaction of this Agreement. We reserve all rights not otherwise expressly granted by this Agreement.
You may not (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Site or Content in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Site is based; (3) use the Site or Content to develop a competing website or product; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Site, servers, or networks connected to the Site or take any other action that interferes with any other person’s use of the Site; (5) decrypt, transfer, or “frame” or “mirror” the Site on any other server or wireless or Internet-based device; (6) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to the Site; (7) use the Site or Content for unlawful purposes; (8) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling Content or information on the Site; (9) access or attempt to access another person’s account; (10) use any Content in any manner that misappropriates any trade secret or infringes a party’s intellectual property rights; or (11) delete, modify, hack, or attempt to change or alter the Site or Content.
We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement in prosecuting users who violate this Agreement.
We may refuse, cancel, delay, or modify, in whole or in part and in our sole discretion, any order you place on the Site. We will attempt to notify you by contacting you at the email address or phone number you provided with your order before we cancel, delay, or modify your order.
Certain features of the Site require you to open an account. The registration form will require you to provide certain requested information (including personal information). At such time, you will be provided with an account and login information, including a username and password to successfully complete the registration process. You may not permit anyone else to use your account.
You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason.
We welcome your comments, feedback, information, or materials regarding the Site or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
You hereby make the following additional representations and warranties to us about your Feedback: (1) you are owner of such Feedback or otherwise have the right to grant to us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
WE PROVIDE THE SITE AND ASSOCIATED SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCT DESCRIPTIONS, PRICES, OR CONTENT ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND FOR THE SITE, CONTENT, AND ANY SERVICES OR PRODUCTS SOLD OR OFFERED THROUGH OR ON THE SITE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO, VIEWING OF, BROWSING, VISITING OR USE OF THE SITE, USE OF OUR SERVICES, OR PURCHASE OF ANY PRODUCT SOLD OR OFFERED THROUGH OR ON THE SITE IS AT YOUR SOLE RISK.
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE WILL WE BE RESPONSIBLE FOR LOST PROFITS, REVENUES, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO US. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of the Site, your breach or alleged breach of this Agreement, your unauthorized use of the Content, or your violation of any rights of any other person.
This Agreement is effective until either you or APPEALING TECHNOLOGY, LLC terminates it. You can terminate this Agreement at any time by discontinuing your use of the Site. We may also terminate this Agreement at any time and for any reason without prior notice to you and accordingly, we may deny you access to the Site if we believe you fail to comply with any term or condition of this Agreement. Termination of this Agreement will not affect any right or relief to which we are entitled at law or in equity.
We collect, store, and use data collected from you in accordance with our Privacy Notice, located at loveourreallife.com. The terms and conditions of the Privacy Notice are hereby expressly incorporated into this Agreement.
CHANGES TO THIS AGREEMENT
We may discontinue or alter any aspect of the Site, remove Content from the Site, restrict the time the Site is available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you.
We also reserve the right to change, modify, add, or remove portions of this Agreement at any time without prior notice. We will post notice of modifications to this Agreement on this page. Changes will become effective immediately but will not apply retroactively. If you do not agree to the modified Agreement you should immediately discontinue your use of the Site.
This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Missouri, without reference to its conflicts or choice of law principles. You agree that the sole and exclusive jurisdiction and venue for any and all disputes arising under this Agreement will be in any court located in or having jurisdiction over Jackson County, Missouri. You irrevocably submit and consent to the personal jurisdiction of such courts.
These terms control the relationship between APPEALING TECHNOLOGY, LLC and you. They do not create any third party beneficiary rights.
Our failure to enforce the provisions of this Agreement do not constitute a waiver of our right to enforce them.
If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.