Last Updated: May 31, 2022
When you use the Platform, you consent to receive communications from us electronically via the Platform, email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use the Platform and to update such information while you continue to use the Platform.
Any conduct that in Live Summer’s sole discretion restricts or inhibits anyone else from using or enjoying the Platform will not be permitted. Live Summer reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
If you use a mobile device to access the Platform optimized for mobile-viewing, opt in to receive SMS (text messages) from Live Summer (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Platform via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms.
You may opt in to receive SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from us. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to Live Summer as part of this service. Live Summer may use this information to contact you and provide services you request from Live Summer.
Live Summer will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Platform or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Platform; (c) do not have more than one account at any given time for the Platform; (d) will only provide us with true, accurate, current and complete information if you register for an account–if we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Platform (or any portion thereof); and (e) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
You are solely responsible for the content and information (collectively referred to as “User Content”) that you post or upload on the Platform. By submitting User Content to the Platform, you automatically grant Live Summer the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties.
User Content uploaded or otherwise communicated on the Platform shall comply with all applicable law and regulations, which you are responsible for knowing and understanding. You are prohibited from posting or otherwise communicating to us, or any other user of the Platform any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
You understand and agree that we, without any obligation to do so, may monitor or review any User Content you post, upload or otherwise communicate through the Platform. We reserve the right to remove any such User Content, in whole or in part, at our sole discretion, that violates these Terms, is likely to harm our reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person. We reserve the right to deactivate Your Account or otherwise prevent your use and/or participation on Platform at any time and for any reason.
You agree that we may access, preserve and disclose your account and any User Content posted, uploaded, received or otherwise communicated if required to do so by law or with the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Platform in the future; or (v) protect the rights, property or personal safety of Live Summer or its members, employees, agents, affiliates, residential communities or any other person.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Live Summer or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Live Summer, and its licensees, successors and assigns, from any claims that you could otherwise assert against Live Summer by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
The Platform, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Platform (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Live Summer or third parties; all rights, title, and interest will remain the property of Live Summer and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized to view and retain a copy of pages of the Platform only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Platform for the purpose of transacting business with Live Summer. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Platform, or any portion of the Platform, for any public or commercial use, without the express written consent of Live Summer. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Platform (or printed pages produced from the Platform), and (b) will not make any other modifications to any documents obtained from the Platform other than in connection with completing information required to transact business with Live Summer.
The information and materials contained on the Platform, and these Terms, policies, and descriptions on the Platform, are subject to change. You accept sole responsibility for all of your activities using the Platform. Your use of the Platform is limited to the intended function of the Platform. Unauthorized use of the Platform and systems, including but not limited to unauthorized entry into Live Summer’s systems or misuse of any information posted on the Platform, is strictly prohibited. You may not use the Platform in a manner that:
constitutes any other inappropriate conduct, as determined by us in our sole discretion.
At times you may experience difficulty accessing the Platform or communicating with Live Summer through the Internet, or other electronic wireless services, as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Live Summer’s, can experience unanticipated outages or slowdowns or have capacity limitations. Live Summer is not responsible for failure or delay of performance caused by such problems.
Live Summer makes no warranty whatsoever to you, express or implied, regarding the security of the Platform, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Platform. You acknowledge and agree that you are solely responsible for maintaining the security of your devices and passwords. Live Summer is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Platform by using the contact information in the “Contact Us” section below.
To protect the security of your information, Live Summer may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Platform.
The Platform may contain links to outside services and resources, the availability and content of which Live Summer does not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites. Live Summer does not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such services or resources should be directed to the service or resource.
If any provision of these Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Live Summer’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any product or service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.
To the maximum extent permitted by law, Live Summer, and its subsidiaries, affiliates, officers, directors, employees, and agents, will not be liable to you for any lost profits, revenues, financial losses, or any indirect, special, consequential, exemplary, or punitive damages of any kind. To the maximum extent permitted by law, the total liability of Live Summer, and its subsidiaries, affiliates, officers, directors, employees, and agents, for any claim, cost, damage, or loss arising out of or relating to the Platform, including for any warranties that may not be excluded, shall not exceed the amount you paid to Live Summer during the twelve months prior to the event giving rise to the liability or $10.00, whichever is greater (the “Liability Cap”). Live Summer and you agree that the Liability Cap shall include all forms of damages.
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
THE PLATFORM IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LIVE SUMMER MAKES NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE. LIVE SUMMER UNDERTAKES NO OBLIGATION TO UPDATE THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIVE SUMMER, OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY REGARDING THE PLATFORM NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE PLATFORM AND ITS CONTENT AND DATA MAY BE PROVIDED BY LIVE SUMMER FROM TIME TO TIME WITHIN THE PLATFORM.
WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE PLATFORM, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
NOTHING ON THE PLATFORM SHALL BE CONSTRUED AS LEGAL, FINANCIAL, MEDICAL, OR OTHER ADVICE, AND YOU ARE SOLELY RESPONSIBLE FOR MAKING ALL DECISIONS TO COMPLY WITH ALL APPLCIABLE LAWS, REGULATIONS, CODES, OR STANDARDS.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Platform or violation (or alleged violation) of these Terms. Under no circumstance will Live Summer be liable for damages of any kind that result from your use of, or the inability to use, the Platform.
We may terminate or suspend your access to the Platform, delete your account and any content or information or prohibit you from using or accessing the Platform (or any portion, aspect or feature of the Platform) if you violate these Terms, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Platform. We may also terminate your account without cause for convenience upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Platform. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms.
You are responsible for reviewing these Terms regularly. Live Summer reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Platform, these Terms, or any Live Summer policies related to use of the Platform. Revisions to these Terms or Live Summer’s policies may be provided through the Platform, including by posting the revisions on the Platform and updating the “Last Updated” date. Such revisions will go into immediate effect once posted to the Platform. Continued use of the Platform following such modifications to the Platform, these Terms, additional terms and conditions for any service, or other Live Summer policies will constitute your acceptance of such modifications and revisions.
YOU AND LIVE SUMMER AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Live Summer arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”), will be settled by binding arbitration.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days advanced written notice of its intent to file for arbitration. Live Summer will provide such notice by either email to your e-mail address on file with Live Summer or by mail to your mailing address on file with Live Summer and you must provide such notice to Live Summer by email to [placeholder].
During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Live Summer and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Live Summer, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
Live Summer and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Live Summer nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 and, where otherwise applicable, by the laws of the State of Delaware.
Unless you and Live Summer agree otherwise, in the event that it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of New York, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of New York for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of New York and you submit to the personal jurisdiction of that court.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Live Summer’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.
Live Summer may assign its rights and duties under these Terms to any party at any time without notice to you.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force.
If you have any questions regarding the Platform, please feel free to send us an email at email@example.com.