Terms of Use
Last Updated: September 4, 2019
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS SPECIFIC PROVISIONS CONCERNING HOW ANY DISPUTES INVOLVING THE LIVEAUTHENTICALLY.TODAY WEBSITE AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE RESOLVED.
Introduction
Welcome to liveauthentically.today, operated by Live Authentically, LLC (“Live Authentically, LLC”, “We” or “Us”).
By using any page of this website, including the related mobile website and mobile application, if any, and any Membership or Community Areas (collectively, the “Website” or “Site”), or by purchasing any products sold on the Website, whether physical or digital (“Products”), or using any services that are described in and/or are available for use or purchase through the Website (“Services”), you agree to be bound by these Terms of Use, whether or not you make a purchase, create a User Account, register as a Member, and whether you’re accessing the Website from a computer, tablet, mobile phone device, or other means of access.
We may add additional websites, pages, apps, products and services as we expand our offerings, and these Terms of Use will govern those new additions when they are made public, unless the service being provided requires the execution of a separate Client Agreement or Consulting Agreement between you and Live Authentically, LLC, in which event the more specific Client Agreement or Consulting Agreement shall control.
This Agreement is subject to change by Live Authentically, LLC at any time. Any changes will be posted to this URL, and will be effective as of the date of posting, as indicated by the “Last Updated” date at the top of the page.
Your continued use of the Website and our Products and/or Services will constitute your express and binding acceptance of and consent to the any Terms of Use in effect, including all revisions. If you object to anything in this Agreement, the Privacy Policy (available at https://liveauthentically.today/privacy/) or any content on the Website, you are not authorized to use this Website, and are hereby instructed to discontinue using same.
Electronic Agreement. This Agreement is a legally binding, valid and enforceable electronic contract that contains the terms of governing your use of our Website and the Products and Services available in the free and paid membership areas. By accessing and/or using the Website and the Products and Services, including creating a free user account and/or becoming a paid member, you accept this Agreement and consent to the terms, conditions and notices contained or referenced herein.
Accounts and Memberships
Creating an Account. If you register a free account or become a paying member, you may be required to provide certain personal information, including the following:
- Your first and last name;
- Your shipping address;
- Your e-mail;
- Your credit card information; and
- Your billing address.
How we collect and process said personal information, the purposes for which we collect same, as well as your rights and options regarding opting out of the collection or processing of your personal information, is explained in detail in our Privacy Policy (available at https://liveauthentically.today/privacy/).
Creating a free user account allows you to access our free digital content consisting of various guides and other coaching resources.
Creating a paid membership account allows you to gain immediate access to the paid membership area, which contains all of our members-only premium course content and access to group or one on one coaching sessions, based upon the package selected. You may also receive physical goods as part of your membership, depending on your membership level.
If you create an account or become a member, an account page and member profile page will be created for you, and you will be able to leave comments on certain content that will be visible to other members, but not the general public. The following information on your member profile will be visible to other members: name, username, and profile photo. Other information on your profile is visible only to you, including your full stored contact information, your birthday, gender, phone, email, full name, billing and or shipping address, and the last four digits of your credit card used to pay for your membership.
Membership Terms. There are various products and services on the Website that are available exclusively to our paying members. The exact products and services any individual user has access to depends on the level of membership they purchased. You become a paid member by submitting payment of the membership fee applicable to your chosen level of membership to Live Authentically, LLC. For more information on pricing and what’s included in the various membership levels, go to https://liveauthentically.today/services/ and https://liveauthentically.today/membership/ .
Our products, services and prices are subject to change without notice to the general public. To our paying members, price changes are always announced 30 days in advance via e-mail sent to the e-mail address on file in your membership account. This allows you time to cancel your membership should you not wish to continue at the new price.
Passwords and Account Security. By creating a free user account or becoming a paid member, you acknowledge that maintaining the confidentiality of your username and password are your responsibility. You further acknowledge and agree not to disclose or allow the use of your username or password, or otherwise lend or transfer access to your user account or membership account to any third party. The Products and Services, including the memberships sold through the Website, are for your personal use only, and are not to be shared or re-sold. You are fully responsible for all transactions with, and information conveyed to Live Authentically, LLC under your username, membership, or account.
In the event of any unauthorized use of your username or password, or any other breach of security related to your membership or user account, you hereby agree to immediately notify Live Authentically, LLC. You further agree that Live Authentically, LLC is not liable for any claims, losses, liabilities or damages relating in any way to such breach of security, and that you will indemnify and hold Live Authentically, LLC harmless, in connection with any loss or damage arising from your failure to comply with any of the obligations under this paragraph.
Payment of Fees. Membership fees are to be paid monthly or annually, depending on the payment frequency you selected at checkout. Membership fees are charged via credit card on the day of sign-up or after the last day of any applicable free trial period specified on the offer or checkout page.
By clicking the payment button and providing us with your payment information on the checkout page, you authorize Live Authentically, LLC to process payment in the amount indicated for the services selected.
If you selected the monthly payment option, you specifically authorize Live Authentically, LLC to automatically charge the current membership price to your selected payment method on the same day as the date of your initial payment in each subsequent month, for the term of your membership or until cancelled in accordance with the provisions of this Agreement.
Membership Term. Memberships begins on the date the membership fee is paid or the day after an applicable free trial period ends, and shall continue for one year, or on a month-to-month basis, depending on the option selected at check-out, until either a) we cancel your account due to your breach of these Terms and Conditions; b) you cancel your account by using the cancellation request form on the Website, inside the membership area, or by sending an e-mail to [email protected]; or c) your credit card or bank charge is denied or reversed and you do not provide us with an updated payment method. We will suspend access to any member account that has not provided an updated payment method within seven (7) days of the denial or reversal of a payment, and we reserve the right to permanently delete an account if an updated payment method is not provided within fourteen (14) days of a denial or reversal of a payment.
Third Party Sites. We love to interact with our members and users on third party sites such as Facebook, Instagram, LinkedIn, YouTube, and other similar platforms. Please note that we do not have any control over these third party sites and services, which have their own Terms of Use and Privacy Policies that apply to their use, and with which you should familiarize yourself prior to use.
Intellectual Property
All content on the Website may constitute the intellectual property of Live Authentically, LLC. Except in circumstances expressly authorized in these Terms of Use or a separate, superseding agreement, no material on the Website, and no material transmitted as part of our Products or Services, may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever without the express, written consent of Live Authentically, LLC.
Copyright. Any and all content on the Website, as well as content transmitted with and/or as part of our Products or Services, including any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation and arrangement thereof, as well as any and all software and custom code on the Website is Copyright © Pam Savino and/or Live Authentically, LLC, ALL RIGHTS RESERVED. The compilation, collection, assembly and arrangement of all content on the Website is the exclusive property of Pam Savino and/or Live Authentically, LLC, and is protected under U.S. and international copyright laws, and unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, and any other means of dissemination without our express written consent, is prohibited by law.
Trademarks. Live Authentically, LLC, and the Website, as well as any and all custom graphics, icons, page headers, logos, slogans, product names, sounds, unique color combinations, and any other brand identifiers are trademarks, trade dresses and service marks of Live Authentically, LLC. As such, any use of these marks in any manner likely to confuse consumers without the express, written consent of Live Authentically, LLC, is strictly prohibited. Any trademarks belonging to third parties require the consent of their respective owners prior to use or display.
Nothing in this document, or on the Website, gives any person the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by Live Authentically, LLC, or any of its partners, sponsors, parents, subsidiaries, and affiliates.
Product Purchase and Delivery
Product and Shipping Information. The products displayed on the Website are available for delivery worldwide. For physical products, international shipment rates and information are available at the USPS website. Digital products are deemed delivered when you receive the login credentials by which the membership area containing the products may be accessed.
Prices on the Website are quoted in U.S. Dollars and are valid only in the U.S.
Any reference on the Website to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Live Authentically, LLC. Information on this website relating to third party products is for informational purposes only.
Resale. The Products and Services, including access to membership areas available through the Website, are for your personal use only, and are not to be re-sold, distributed, or otherwise made accessible to third parties other than the member who purchased the membership. Disclosing or allowing the use of your username or password, or otherwise lending or transferring access to your user account, membership account, or any Service or digital Product purchased through the Website to any third party is strictly prohibited. Live Authentically, LLC reserves the right to limit the number of physical products available for purchase, and further, to cancel or reduce any order it reasonably believes may result in a violation of these Terms and Conditions.
Payments, Returns and Refunds
Payment Terms. Payments for Products and Services, including access to membership areas available through the Website, are to be made via credit card, using Stripe.com
Any coaching and consulting services that are not included in the paid membership program(s) available for immediate purchase and access through the Website (“Additional Services”) require the execution of a Coaching Agreement between you and Live Authentically, LLC, and shall be subject to the specific terms and conditions stated therein, including the time and manner of payment. Live Authentically, LLC is under no obligation whatsoever to render or caused to be rendered any Additional Services of any kind in the absence of a Coaching Agreement properly executed by all parties involved.
Cancellations. All requests for refunds must be sent to [email protected] within 7 days of purchase, and may only be eligible for a partial refund, subject to an administrative fee at Live Authentically, LLC’s exclusive discretion. For coaching packages purchased via the Website, only unused time may be credited or refunded, less any administrative costs, at Live Authentically, LLC’s exclusive discretion.
Returns and Refunds – Physical Products. Refunds for purchases of physical Products from the Website are subject to a reasonable re-stocking fee and available only if the following requirements are met:
- You must submit a refund request by sending an e-mail to [email protected];
- Your refund request must be made within thirty (30) days of your purchase;
- You must follow the instructions in your refund confirmation e-mail regarding returning the physical products to Live Authentically, LLC;
- The physical products are in like-new, un-used condition, as determined following our inspection of the returned item.
Refunds for Digital Products. Requests for refunds of purchases of digital products from the Website are available only if the request is submitted to [email protected] within seven (7) days of purchase. No refunds are available for requests submitted after seven (7) days of purchase.
Content Posted by Users
Your Public Content. By using the Website, you understand that any public content you post on the Website and/or any other site, social media account, page, group, community or other forum or page operated by Live Authentically, LLC in connection with the Website and/or the Products and Services provided thereon, is solely your responsibility, and further, that such content can be seen by anyone, including other Members, Users and the general public.
Limitation of Liability Regarding Public Content. We are not responsible for any consequences of content posted by anyone on the Website and/or any other site, social media account, page, group, community or other forum or page operated by Live Authentically, LLC in connection with the Website and/or the Products or Services provided thereon. Live Authentically, LLC only provides certain site(s), forum(s) and group(s) for public discussion, but we are not liable for any statements, representations, or other content provided by any user or member of the public in any forum or platform. We do not control what you or anyone else posts either on the Website or on third party sites or platforms. As such, we make no guarantees whatsoever as to the quality, accuracy, correctness or integrity of any content posted by users of the Website or any third party site.
You further understand and acknowledge that, by using the Website and/or by interacting with us and other users on third party platforms, you may be exposed to offensive, indecent or objectionable content, for which Live Authentically, LLC is not responsible. Any risk of damage or injury from such content resides entirely with you. Under no circumstances will Live Authentically, LLC be liable in any way for any content or information posted on a public forum by anyone, including, but not limited to a) any errors or omissions in said content; or b) any loss, damage or injury of any kind (including but not limited to personal injury or property damage), incurred as a result of the use of, or reliance upon, any content posted, emailed or otherwise transmitted via or to the Website or any affiliated sites or third party platform accounts, by any user or member of the public.
In addition, while you may access and view any content on the Website and affiliated forums, groups and communities, you may do so only as permitted under these Terms of Use and our Privacy Policy. Under no circumstances are you permitted to use, copy, distribute, display, sell, reproduce, incorporate or make derivative works from any of the content posted on the Website and/or any affiliated forums, communities and third party sites, without the express permission of its owner.
Warranties Made by You. By posting content on the Website, forums, groups, communities or any third party account or social media account associated therewith, you acknowledge, represent and warrant that:
- Your content and personal information posted in any public forums, communities, groups and membership areas associated with the Website and Services provided thereon may be available to other Members and users, as well as some third party sites;
- You are the sole author and owner of all intellectual property and other rights to any content posted by you, or have the necessary licenses, rights, consents and permissions to use said content;
- You consent to the potential use by Live Authentically, LLC of content posted by you in its marketing and advertising materials and campaigns, online or offline;
- You waive any and all “moral rights” to said content, and you do not require that any personally identifying information be used in connection with said content, or any derivative works of or upgrades or updates thereto;
- You will at all times comply with the Federal Trade Commission’s requirements regarding the use of endorsements and testimonials in advertising, including making a clear and conspicuous disclosure if you receive any compensation or incentive in any form in exchange for posting content on Live Authentically, LLC or any third party sites, platforms or forums;
- You are at least 13 years old;
- If you are a minor, that you have obtained the consent of your parent or legal guardian to use the Website, as well as their express agreement and consent to these Terms of Use;
You also represent and warrant that any content you submit to the Website and any communities, forums, groups, and membership areas associated with the Website and Services provided thereon:
- Is accurate, is not false, and is not misleading;
- Does not violate any law, statute, ordinance or regulation;
- Will not cause harm, damage, injury or the violation of the rights of any person or entity under the law;
- Is not harmful or damaging to minors;
- Does not infringe on the intellectual property rights of any person or entity under pertinent state, national and international intellectual property laws as they pertain to trademarks, copyrights, patents, trade secrets and other forms of intellectual property;
- Does not violate the privacy rights of any person or entity;
- Is not a violation of a contractual obligation or fiduciary relationship owed by you to any other person or entity;
- Does not violate any law, statute, ordinance or regulation;
- Is not hateful, defamatory, bullying, obscene, racially or religiously offensive, abusive, harassing, or threatening to any person, group or entity;
- Does not include references to other websites, addresses, email addresses or other contact information;
- Complies with these Terms of Use and our Privacy Policy in all respects;
- Does not constitute phishing, promotion, unsolicited or unauthorized advertising, spam, junk mail, and is not made in furtherance of any pyramid scheme or other form of solicitation;
- Does not contain any computer viruses, worms or other potentially damaging programs or files; and
- Does not impersonate or otherwise use the name or likeness of, or imply any affiliation with, any other person or entity without their express permission.
In the event that any content posted by you violates any of the above, Live Authentically, LLC reserves the right to terminate your Account immediately and without notice, as well as this Agreement, and to seek any and all additional damages and remedies available under applicable laws.
No Obligation of Confidentiality. You understand and acknowledge that there is and will not be any obligation of confidentiality on the part of Live Authentically, LLC and/or any of its agents, subsidiaries, affiliates, partners, third-party service providers and their respective directors, officers and employees, with respect to any content posted by you to the Website and/or any site or social media account, page, group or other forum, community or page associated therewith and/or operated by Live Authentically, LLC.
Screening and Modification of Content. While Live Authentically, LLC is under no obligation to screen any content submitted by its Members or users, we reserve the right to pre-screen, change, condense, delete, or refuse to post any content on the Website and any social media accounts, groups, communities and other public forums associated therewith or operated by Live Authentically, LLC. Live Authentically, LLC reserves the right to remove any content that violates these Terms of Use, without notice, and without any guarantee of recourse on your part.
Personal Information of Other Users. You may not use the Website, including any registered user or membership areas, and any affiliated forums, groups, pages, communities, social media pages and accounts, and other similar forums to collect or store personal information about other users.
Compliance With Terms of Use. You acknowledge that, while you may access and view any content on the Website and affiliated forums, you may do so only as permitted under these Terms of Use and our Privacy Policy. Under no circumstances are you permitted to use, copy, distribute, upload, perform, display, incorporate or create derivative works from any of the content posted on the Website and any affiliated forums and third party sites, without the express permission of the owner of the content.
Compliance With Laws. You acknowledge and agree that any use of our services by you must comply with all applicable laws, regulations, rules and orders of any court having jurisdiction over you, us, and/or the recipient of any communication by you for which you have used the Website or our Services. Understanding all laws applicable to your conduct and communications is your responsibility. Some examples of laws with which you may be required to comply include the CAN-SPAM Act, COPPA, CalOPPA, the GDPR, the EU Privacy and Electronic Communications Directive, the U.K. Privacy and Electronic Communications Directive, the Telephone Consumer Protection Act (TCPA), the Canada Anti-Spam Law (CASL) and/or any other laws relating to privacy, security, intellectual property, consumer protection, terrorism, corruption, child protection, or import/export laws.
Our Use of Your Content
Ideas and Suggestions. If you mail, e-mail or otherwise transmit any content to us, or post any content to the Website and/or any site or social media account, page, group, community or other forum or page associated therewith and/or otherwise owned or operated by Live Authentically, LLC, and said content posted by you includes any ideas, suggestions, documents or proposals to Live Authentically, LLC, you acknowledge that a) nothing contained in said content is confidential, b) Live Authentically, LLC has no obligation of confidentiality with respect thereto, and c) Live Authentically, LLC is not liable to pay you any compensation, reimbursement, or other payment unless expressly agreed to by Live Authentically, LLC in a written agreement.
Permission and License. For any content that you transmit to us via mail, e-mail, telephone, or submission to or via the Website, and/or any other site or social media account, page, group or other forum operated by Live Authentically, LLC, you grant Live Authentically, LLC a worldwide, non-exclusive, perpetual, royalty-free, irrevocable, sub-licensable and transferable right and license to use, reproduce, display, publicly perform, distribute, share, communicate, copy, modify, delete, publish, edit, adapt, translate, create derivative works from and/or sell such content and/or incorporate such content into any work, form, technology, medium or process, whether now or hereafter known throughout the world, without making any compensation to you. This license shall survive the termination of these Terms of Use and your use of the Website and/or our Services, and shall include sharing your content, or any part thereof, with third-party brands whose product we sell.
Photographs. You hereby grant Live Authentically, LLC permission to use any and all photographs taken by Live Authentically, LLC or its agents or employees at any private event hosted by Live Authentically, LLC either live or online, or submitted by you to us via mail, e-mail, website submission or on an open forum such as a social media platform, group, or other community. Live Authentically, LLC’s use of said photographs may include use in any media (print, television, Internet, radio/podcast or any other form of publication), for any purpose, including marketing, advertising, promotion, or packaging of any product or service sold and/or marketed by Live Authentically, LLC. You further acknowledge and agree that said photographs may be licensed by Live Authentically, LLC to any third party, and may be combined with other graphics, text, sounds and videos, or otherwise modified, altered and/or manipulated to fit the use intended by Live Authentically, LLC or its licensees, without paying any royalty, fee, or other monetary compensation to you.
You hereby agree to release, hold harmless and forever discharge Live Authentically, LLC from any and all claims, losses, damages or liabilities that you may suffer as a result of the use of any photographs taken by Live Authentically, LLC or its agents or employees, or submitted by you to us via mail, e-mail, website submission or on an open forum such as a social media platform. You further acknowledge and agree that this release is irrevocable, and is binding upon your heirs and assigns.
Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
AGREEMENT TO ARBITRATE: Any disputes arising out of or relating to this Terms of Use Agreement and/or your use of the Website, any products or ervices sold, offered for sale, advertised or recommended thereon, any posted content, and/or your use of any community and membership areas, shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, and each party hereby consents to any such disputes being so resolved. Judgment on the award so rendered in any such arbitration may be entered in any court having jurisdiction thereof.
However, you agree that this arbitration clause does not apply to the extent that the claim or lawsuit is being initiated by Live Authentically, LLC, based on your violation or threatened violation of Live Authentically, LLC’s intellectual property (trademark, copyright, patent or trade secret) rights. In such cases, Live Authentically, LLC may bring a lawsuit for injunctive relief to stop the infringement of its intellectual property rights, as well as for damages and attorney fees, where applicable, without first engaging in arbitration or other informal dispute-resolution process otherwise required by these Terms of Use.
WAIVER OF JURY TRIAL: By electing to resolve all claims and disputes via binding arbitration, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO APPEAR IN COURT AND HOLD A TRIAL IN FRONT OF A JUDGE OR A JURY. Should any litigation arise between you and Live Authentically, LLC in any court, state or federal, to vacate or enforce an arbitration award or otherwise, YOU AND LIVE AUTHENTICALLY, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect the dispute to be resolved by a judge.
ARBITRATION PROCEEDINGS: Arbitration is a much quicker, cheaper, and more informal process than a lawsuit. In arbitration proceedings, the case is decided by an arbitrator, instead of a judge or a jury. The arbitrator can award the same damages and relief that a court can, and his decision is final and binding. In the United States, arbitration procedures are governed by the Federal Arbitration Act. It is recommended that you familiarize yourself with that legislation, or consult with an attorney, in order to get an idea of how arbitration procedures work.
OPT-OUT OF ARBITRATION: You have the right to opt out of this arbitration agreement by emailing us at [email protected] and providing the following information:
- Your name;
- The URL of these Terms of Use;
- You’re address;
- Your phone number; and
- A clear statement that you wish to opt out of this arbitration provision in the Terms of Use.
The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the Website.
YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
General Provisions
Third Party Content. Live Authentically, LLC may provide content from third parties, and links to sites operated by third parties over whom Live Authentically, LLC has no control. We do not monitor, approve, or update the content posted on these sites, and our inclusion of links thereto in no way implies or constitutes any association between Live Authentically, LLC and said third party, nor does it constitute any form of guarantee, endorsement, or representation with respect to the completeness or accuracy of the referenced third party content or site. You acknowledge that you use and rely on third party content solely at your own risk. Any third party posted by us is not a reflection of the views of Live Authentically, LLC.
Non-Interference. By using the Website, you agree not interfere with, disable, disrupt or circumvent any security or security-related features that prevent or restrict the use of, or access to, any part of the Website, any of its features, the content posted thereon, or any of our Products or Services. You may not interfere with or disrupt the Website, servers or networks connected thereto, nor may you disobey any rules, requirements, policies, procedures or regulations of networks connected to the Website. Further, you may not use any device, software, or technology to disrupt or negatively interfere with any other user’s experience or ability to use the Website or its functions and features, including the ability to purchase and use Products, Services, and Account or Membership benefits.
Reservation of Rights. Live Authentically, LLC reserves the right to terminate, in its sole discretion and without notice, any membership or user account, and/or block any user’s or member’s ability to use or access the Website, or any of its pages, in any manner.
Live Authentically, LLC may access, preserve and disclose any personal information collected, including your account information, usage, device and browser information, browsing behavior and other trackable data, and content posted by you, for any lawful purpose, as detailed in our Privacy Policy. We will always preserve such personal information if required to do so by law or court order, or if supported by a good faith belief that doing so is reasonably necessary to a) comply with legal process; b) respond to claims by third parties; c) enforce these Terms of Use; d) respond to your customer service requests, or e) protect the rights, property, life, health, safety or security of Live Authentically, LLC, its employees, its users, or any other person or entity.
In order to protect our customers, ourselves, and the general public from fraud and other unauthorized or illegal activity, we further reserve the right to screen all orders made through the Website for fraud and unauthorized or illegal activity, and to refuse to process any order found fraudulent, illegal or unauthorized, or suspected of fraud or unauthorized or illegal activity. We may also cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. If verification is required before processing your order, we may call you at the contact information you provided to confirm your order, address, shipping and/or billing information, and/or identity.
Warranty Disclaimer. LIVE AUTHENTICALLY, LLC IS PROVIDING THIS WEBSITE, ITS CONTENTS, THE PRODUCTS AND SERVICES AVAILABLE THEREON, AND THE MEMBERSHIP AREA AND FORUMS ON AN “AS-IS” BASIS. LIVE AUTHENTICALLY, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, CONTENTS, OR OPERATION OF THE WEBSITE OR ANY OF ITS FEATURES OR FUNCTIONALITIES, INCLUDING THE MEMBERSHIP AREA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIVE AUTHENTICALLY, LLC SPECIFICALLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES RELATING TO THE ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE OR THROUGH ANY PRODUCT OR SERVICE PROVIDED BY LIVE AUTHENTICALLY, LLC.
LIVE AUTHENTICALLY, LLC MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITE, OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO SAME WILL BE SECURE, UNINTERRUPTED, AND WITHOUT ERROR; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE WEBSITE OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
Live Authentically, LLC does not promise, guarantee or warrant your personal or business success, health, income, or sales.
It is possible for the Website and our Products and Services to contain mistakes, inaccuracies, and materials that conflict with these Terms. Should a conflict arise between anything posted on any Live Authentically, LLC website or service and these Terms, these Terms shall control.
Liability Limitation. LIVE AUTHENTICALLY, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATING TO, THE USE OF THE WEBSITE, THE COMMUNITY AND MEMBERSHIP AREAS, ANY SOCIAL MEDIA OR OTHER PUBLIC FORUMS AND THIRD PARTY ACCOUNTS OWNED AND/OR OPERATED BY LIVE AUTHENTICALLY, LLC, OR ANY OF THE PRODUCTS OR SERVICES OFFERED FOR PURCHASE OR SALE THROUGH THE ABOVE CHANNELS. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, AND CLAIMS OF THIRD PARTIES.
Indemnification. By using the Website, any community or membership areas, or any social media or other public forums and third party accounts associated therewith, you agree to defend, indemnify and hold harmless Live Authentically, LLC and its officers, directors, agents, parents and subsidiaries, joint ventures, employees, affiliates, assigns and third-party service providers, from all claims, causes of action, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and character without limit, including reasonable legal fees, arising out of your conduct, such conduct being inclusive of, but not limited to a) your misuse of the Website and any community or membership areas; b) your violation of any term of these Terms of Use; c) a breach of your representations and warranties set forth above regarding content posted by you; d) your violation of any law or the rights of a third party (including, without limitation, any privacy, copyright, trademark, property or right violation); or e) any loss, damage, lawsuit or claim based on the allegation that content posted by you caused damage to a third party. Your indemnity obligation includes, but is not limited to, any third party claim against Live Authentically, LLC for liability for any actual and alleged losses, damages, or other liability caused by or related to you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Website and any membership or community areas, groups, forums, social media pages and accounts, and other pages and platforms associated with the Website and the Products or Services provided or described thereon.
DMCA Notices. If you believe that any of your work or content has been copied, displayed, used, reproduced, or posted on the Website or any community or membership area or affiliated forum, page or third party platform, without your consent, and in a way that constitutes copyright infringement, please provide us with the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
- A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright;
- A precise description of the copyrighted work that is the subject of the alleged violation;
- A description of where the infringing material is located on the Website or any community/membership area;
- A written statement by you in which you attest that you have a good-faith belief that use complained of is not authorized by the owner of the copyright or under the law;
- Your name, address, telephone number and email address; and
- A written statement in which you attest, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf, and that the information provided in your DMCA notice is true and accurate.
All DMCA notices must have “DMCA Notice” as the subject line and shall be directed to: [email protected]
Privacy. Please see our Privacy Policy at https://liveauthentically.today/privacy/ for details regarding the manner in which Live Authentically, LLC may collect, process and use personally identifiable information about you, including any information you supply or we may collect in connection with your use of the Website, including any community and member areas.
No Waiver. Failure of Live Authentically, LLC to insist on, or take immediate action to enforce strict compliance with, any of the terms, covenants, warranties and conditions contained in this Terms of Use, shall not be deemed a waiver of such terms, covenants, warranties and conditions, or of any similar right or power hereunder, at any subsequent time. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
Choice of Law and Forum Selection. This Agreement shall be governed and construed in accordance with the laws of the State of Illinois, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Illinois, excluding that State’s choice-of-law principles.
With regard to those circumstances in which the Arbitration provisions of this Agreement, if any, do not exclude litigation in court, you hereby expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Cook County, Illinois.
Dispute Resolution. Should a dispute arise between you and Live Authentically, LLC, please contact our customer service team by calling [customer service number] or sending an e-mail to [email protected]. We will do our best to arrive at a speedy and cost-efficient resolution to any dispute, to the extent of our ability. If, however, we cannot resolve the dispute via our customer service department, the following applies:
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND LIVE AUTHENTICALLY, LLC AGREE THAT ANY CLAIM OR LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE WEBSITE, ANY PRODUCTS OR SERVICES PURCHASED OR AVAILABLE FOR SALE TEHEREON, AND ANY COMMUNITY OR MEMBERSHIP ACCOUNTS ASSOCIATED THEREWITH, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FORMING THE BASIS OF THE CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
No Class Actions. By using the Website and associated services, you consent, acknowledge and agree that class actions, class arbitrations, mass actions, private attorney general actions, and consolidation of matters with other arbitrations are expressly prohibited under these Terms of Use. All disputes against Live Authentically, LLC must be resolved on an individual basis. You may not bring a claim or lawsuit against Live Authentically, LLC as a plaintiff or class member in a class action, consolidate action, mass action, or representative action.
Force Majeure. Live Authentically, LLC will be excused from any delay or failure of performance required under these Terms of Use if caused by reason of any event, circumstance, occurrence or contingency, regardless of whether it was foreseeable, which is a) not caused by, and is not within the reasonable control of Live Authentically, LLC, and b) prevents Live Authentically, LLC from performing its obligations under this agreement. Such events may include, but are not limited to: acts of war; insurrections; fire; laws, proclamations, edicts, ordinances or regulations; strikes, lock-outs or other labor disputes; riots; explosions; and hurricanes, earthquakes, floods, and other acts of nature. The obligations and rights of Live Authentically, LLC shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption.
Assignment. Live Authentically, LLC may assign its rights under this Terms of Use document at any time, without providing any notice to you. You may not assign your rights under this Terms of Use without the express written consent of Live Authentically, LLC or its assigns.
Survival. All provisions that logically ought to survive termination of this Terms of Use, including but not limited to applicable Representations, Covenants, Warranties, Limitation of Liability, Indemnity, Choice of Law, Forum Selection, and Arbitration provisions, shall survive and continue to apply even after you stop using the Website and the content and services provided through same.
Severability. If any provision of this Terms of Use document is declared by any court of competent jurisdiction (or arbitrator) to be illegal, void, unenforceable or invalid for any reason under applicable law, the remaining parts of these Terms of Use shall remain in full force and effect, and shall continue to be valid and enforceable. If a court (or arbitrator) finds that an unenforceable portion of these Terms of Use may be made enforceable by limiting such provision, then such provision shall be deemed written, construed and enforced as so limited. These Terms of Use are intended to be interpreted in a manner that renders them valid, legal and enforceable, and the parties hereby expressly agree that a court of law (or arbitrator) may modify, restrict or limit the terms herein to accomplish that intent.
Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Notices. Notices from us to you may be made via e-mail or by posting a notice (or a link thereto) at https://liveauthentically.today/blog/.
Any notice required to be given to Live Authentically, LLC under these Terms or otherwise, must be in writing, addressed as follows:
Live Authentically, LLC
440 W. Colfax,
Palatine, IL 60078-552
[email protected]