TERMS OF USE

This website is owned and operated by Livin’It! Incorporated (“Livin’It!”, “we,” “us” or “our”). Livin’It! provides this website, including all information, software and services available from this website (“Website”), to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices described here (“Terms”). Your use of the website constitutes your agreement to all such Terms.

Your Use of the Website

The Website is for your personal and noncommercial use.  You agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms.

Privacy Policy

You explicitly consent to the collection, hosting, use, disclosure and other processing or handling of your personal information as described in the Livin’It! Website and Donor Privacy Policy located at www.livinitproject.org/privacy, as we may amend such policy in our sole discretion from time to time.

Accuracy, Completeness and Timeliness of Information on the Website

We strive to provide accurate information on the Website. We are not responsible, however, if information we make available on the Website is not accurate, complete or current. The materials on the Website are provided for general information only and should not be relied upon or used as the basis for making any decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the materials on the Website will be at your own risk. The Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

Copyright and Use of Materials

Except where explicitly stated otherwise, the Website and all of its content (including, but not limited to, software, files, graphics and data) are the property of, and owned by, us and/or our affiliates, suppliers or licensors and are protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download and print hard-copy versions of the materials contained on the Website for your personal and noncommercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you copy, download or print.  Any other use of the materials on the website, including but not limited to the modification, distribution, transmission, performance, broadcast, reproduction, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information or services obtained from the Website, without our prior written permission, is expressly prohibited.

Disclaimers

Your use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Website or any feature or any part thereof at any time. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Website are noninfringing; that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the software and servers that make the Website available will be virus-free; or that information on the Website will be complete, accurate or timely. In certain states, the law may not permit the disclaimer of warranties, so all or portions of the above disclaimer may not apply to you.

Featured Links

The Website may contain hyperlinks to other websites. These hyperlinks are provided for your information and convenience only. We do not control these other websites and are not responsible for their content; nor does our inclusion of hyperlinks to such websites imply any endorsement or approval of the material on such websites or any association with their operators. Check the URL address provided in your browser to determine whether you are still on this Website or have moved to another site.

Linking

We permit linking to content on the Website. Linking should not suggest that we promote or encourage any third party’s causes, ideas, websites, products or services. Linking should not use our content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Trademarks

Livin’It!™, Livin’It! Project™ and other marks used on the Website are trademarks or registered trademarks of Livin’It! and its affiliates and are protected by state and federal trademark laws. Other trademarks appear on the Website with permission from their respective owners.

Changes to These General Terms and Conditions

We reserve the right to make changes to these Terms at any time by posting revised Terms on the Website. It is your responsibility to check periodically for any changes we may make to these Terms. The most current version of these Terms can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages. By continuing to use the Website, you are agreeing to all changes to the Terms.

Jurisdiction and Disputes

This website is controlled and operated by Livin’It! from its principal office in the Commonwealth of Virginia, USA. The laws of the Commonwealth of Virginia govern these Terms and your use of the website. We recognize that it is possible for you to obtain access to the Website from any jurisdiction in the world, but we have no practical ability to prevent such access. The Website has been designed to comply with the laws of the Commonwealth of Virginia and the United States and is not intended to subject Livin’It! to the laws or jurisdiction of any other state, country or territory. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. If any material on the Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, then the Website is not intended for you and we ask you not to use the Website.

If a dispute arises under these Terms and Conditions, such dispute shall be resolved (i) in Richmond, Virginia, USA; and (ii) at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. Accordingly, you acknowledge that you may not have access to a court (other than a small claims court) or jury.Notwithstanding any other provision of these Terms, we may resort to court action for injunctive relief at any time if, in our good faith belief, the dispute resolution procedures described above would permit or cause irreparable injury to us or any third party claiming against us, due to delay arising out of such dispute resolution procedures.

Miscellaneous

These Terms constitute the entire agreement and understanding between you and Livin’It! with respect to use of the Website, superseding all prior or contemporaneous communications. If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions of these Terms will remain in place.