These Terms and Conditions of Use (the “Terms of Use”) apply to the websites, mobile applications, and software owned or operated by Live A Better Story, LLC (“LABs”), including without limitation Live A Better StoryThe LABs Sites are the property of LABs and its licensors. BY USING A LABS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE ANY LABS SITE.
Subject to your compliance with these Terms of Use in effect at the time of your visit to the Site or use of the Service, LABs grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the public areas of the LABs Sites. For some LABs Sites, this license is subject to your payment of a licensing fee to access non-public areas of the applicable LABs Site.
Content
All text, graphics, images, music, video, audio, text, maps, animation,
widgets, user interfaces, trademarks, logos, software code, and other copyrighted or otherwise
proprietary content (collectively, “Content”), including but not limited to the
design, structure, selection, coordination, expression, “look and feel” and arrangement
of such Content, contained on the RT Sites is owned, controlled or licensed by or to LABs, and is
protected by trade dress, copyright and trademark laws, and various other intellectual property
rights and unfair competition laws.
Except as expressly provided in these Terms of Use, or in a separate subscription or other license agreement you may execute with LABs, no part of the LABs Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication, distribution, or for any enterprise (commercial or non-commercial), without LABs’s express prior written consent. In addition to these Terms of Use, please see the Curriculum Usage Guidelines (liveabetterstory.com/usage) for other terms applying to subscribers’ use of curriculum content.
You may use information describing LABs products and services purposely made available by LABs for downloading from the LABs Sites, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, ministry, or informational purposes and do not copy or post such information on any networked computer or otherwise make it publicly available; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such information.
Your Use of the LABs Sites
You may not use any “deep-link”,
“page-scrape”, “robot”, “spider” or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the RT Sites or any Content, or in any way reproduce or circumvent
the navigational structure or presentation of the LABs Sites or any Content, to obtain or attempt to
obtain any curriculum materials, documents or information through any means not purposely made
available through the LABs Sites. LABs reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the LABs Sites or LABs’s curriculum or other Content available only to licensed subscribers, or any other systems or networks connected to the LABs Sites or to any LABs server, or to any of the services offered on or through the LABs Sites, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the LABs Sites or any network connected to the LABs Sites, nor breach the security or authentication measures on the LABs Sites or any network connected to the LABs Sites. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the RT Sites, or any other customer of LABs, including any LABs account not owned by you, or exploit the LABs Sites or any service or information made available or offered by or through the LABs Sites.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the LABs Sites or LABs’s systems or networks, or any systems or networks connected to the LABs Sites or to LABs.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the LABs Sites or any transaction being conducted on the LABs Sites, or with any other person’s use of the LABs Sites.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to LABs or through the LABs Sites or any service offered on or through the LABs Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity when accessing or otherwise using the LABs Sites.
You may not use the LABs Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of LABs or others.
Comments and/or Content Originating With Users
Certain locations within the LABs Sites may allow account owners to post reviews, comments, or other communications; or submit suggestions, ideas, comments, questions, or other information. By posting content to a LABs Site, you agree not to post content that infringes upon the intellectual property rights of any third party (including but not limited to copyright and trademark), or that is illegal, obscene, threatening, defamatory, invasive of privacy, injurious to any third party, or otherwise objectionable. You further agree that you will not post or submit any content to any LABs Site which contains a virus, adware, spyware, or any other software or code which may be harmful to a third party’s computer or network, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not create an account using a false e-mail address or post content under a false account or a third party’s account without express permission, impersonate any person or entity, or otherwise mislead as to the origin of any post or submission.
LABs reserves the right to remove or edit any content submitted to or posted on a LABs Site. However, LABs does not regularly review content posted to the LABs Sites and is not responsible for content originating with a party other that LABs. LABs makes no warranty regarding content posted by third parties. By posting content to a LABs Site, you grant to LABs an irrevocable, worldwide, non-exclusive license to use or exploit the content to market LABs or its products or services.
Purchases; Other Terms and Conditions
All purchases from the LABs Sites are
only returnable in accordance with LABs’s Return Policies Additional terms and conditions
apply to curriculum subscriptions, purchases of goods or services, and to specific portions or
features of the LABs Sites, including contests, promotions or other similar features. You agree to
abide by such additional terms and conditions. If there is a conflict between these Terms of
Use and the terms posted for or applicable to a curriculum subscription or other specific portion of
any LABs Site or for any service offered on or through any LABs Site, the latter terms shall control
with respect to your use of that portion of the LABs Site or the specific service.
LAB’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the LABS Sites shall be construed to alter such agreements.
LABs may make changes to any products or services offered on the LABs Sites, or to the applicable prices for any such products or services, at any time, without notice. LABs attempts to be as accurate as possible. However, LABs does not warrant that product descriptions or other content of any LABs product or service is complete, reliable, current, or error-free. LABs reserves the rights to cancel any transaction up until the time the item is shipped or downloaded. All items purchased from LABs are made pursuant to a shipping contract. Therefore, the risk of loss and title for such items pass to you upon LABs’s delivery to the carrier.
Privacy
LAB’s Privacy Policy applies to use of the LABs Sites, and its
terms are hereby incorporated by reference. To view LABs’s Privacy Policy, see liveabetterstory.com/privacy. Additionally, by
using the LABs Sites, you acknowledge and agree that Internet transmissions are never completely
private or secure. You understand that any message or information you send to the LABs Sites may be
read or intercepted by others, even if there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
Links to Other Sites and to the LABs Sites
The LABs Sites may contain links to
other independent third-party web sites (“Linked Sites”). These Linked Sites are
provided solely as a convenience to our visitors. Such Linked Sites are not under LABs’s
control, and LABs is not responsible for and does not endorse the content of such Linked Sites,
including any information or materials contained on such Linked Sites. You will need to make your
own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
LABS DOES NOT PROMISE THAT THE LABS SITES OR ANY CONTENT, SERVICE,
OR FEATURE OF THE LABS SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT YOUR USE OF THE LABs SITES WILL PROVIDE SPECIFIC RESULTS. THE LABS SITES AND
THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL
INFORMATION PROVIDED ON THE LABS SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. HOWEVER, TO THE EXTENT
THAT THESE TERMS OF USE HAVE CHANGED SINCE YOUR PRIOR VISIT TO THE SITE, ONLY THE TERMS IN EFFECT AT
THE TIME OF YOUR VISIT WILL APPLY TO YOU. LABs CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU
DOWNLOAD FROM THE LABs SITES WILL BE FREE OF VIRUSES, CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES.
LABs DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LABs DISCLAIMS ANY AND ALL
LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO
YOUR USE OF THE LABS SITES AND/OR ANY LABS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF
THE LABS SITES AND ANY LINKED SITES. EXCEPT AS MAY BE SPECIFIED IN A SEPARATE AGREEMENT, YOUR SOLE
REMEDY AGAINST LABS FOR DISSATISFACTION WITH THE LABS SITES OR ANY CONTENT IS TO STOP USING THE LABS
SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND LABS.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
LABs reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the LABs Sites, or any portion of the LABs Sites, for any reason; (2) to modify or change the LABs Sites or any portion of the LABs Sites; and (3) to interrupt the operation of the LABs Sites, or any portion of the LABs Sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will LABs
be liable to you for any indirect, consequential, exemplary, incidental or punitive damages,
including lost profits, even if LABs has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, LABs is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the LABs Sites or any Content, LABs’s liability shall in no event exceed the greater of: (1) the total of any subscription fee, license fee, or similar fees with respect to any service or feature of or on the LABs Sites paid in the six months prior to the date of the initial claim made against LABs, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold LABs, its officers, directors,
shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees),
made against LABs by any third party due to or arising out of or in connection with your violation
of these Terms of Use.
Violation of These Terms of Use
LABs may disclose any information we have about
you (including your identity) if we determine that such disclosure is necessary in connection with
any investigation or complaint regarding your use of the LABs Sites, or to identify, contact, or
bring legal action against someone who may be causing injury to or interference with (either
intentionally or unintentionally) LABs’s rights or property, or the rights or property of
visitors to or users of the LABs Sites, including LABs’s customers. LABs reserves the right at
all times to disclose any information that LABs deems necessary to comply with any applicable law,
regulation, legal process, or governmental request. LABs also may disclose your information when
LABs determines that applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that LABs may preserve any transmittal or communication by you with LABs through the LABs Sites or any service offered on or through the LABs Sites, and may also disclose such data if required to do so by law or LABs determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of LABs, its employees, users of or visitors to the LABs Sites, and the public.
You agree that LABs may, in its sole discretion and without prior notice, terminate your access to the LABs Sites and/or block your future access to the LABs Sites if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the LABs Sites. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to LABs, for which monetary damages would be inadequate, and you consent to LABs obtaining any injunctive or equitable relief that LABs deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies LABs may have at law or in equity.
You agree that LABs may, in its sole discretion and without prior notice, terminate your access to the LABs Sites, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) discontinuance or material modification of the LABs Sites or any service offered on or through the LABs Sites; or (3) unexpected technical issues or problems.
If LABs does take any legal action against you as a result of your violation of these Terms of Use, LABs will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to LABs. You agree that LABs will not be liable to you or to any third party for termination of your access to the LABs Sites as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your
access to or use of the LABs Sites, including all disputes, will be governed by the laws of the
United States and by the laws of the State of Georgia without regard to its conflicts of laws
provisions. You agree to the personal jurisdiction by and venue in the federal court in Atlanta,
Georgia, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use
must be brought within one (1) year after the cause of action arises, or such claim or cause of
action is barred. No recovery may be sought or received for damages other than out-of-pocket
expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In
the event of any controversy or dispute between LABs and you arising out of or in connection with
your use of the LABs Sites, the parties shall attempt, promptly and in good faith, to resolve any
such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed
thirty (30) days), then either party may submit such controversy or dispute to mediation. If the
dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or
remedy available to them under applicable law.
Void Where Prohibited
Although the LABs Sites are accessible worldwide, not all
features, products, or services discussed, referenced, provided, or offered through or on the LABs
Sites are available to all persons or in all geographic locations, or appropriate or available for
use outside the United States. LABs reserves the right to limit, in its sole discretion, the
provision and quantity of any feature, product, or service to any person or geographic area. Any
offer for any feature, product, or service made on the LABs Sites is void where prohibited. If you
choose to access the LABs Sites from outside the United States, you do so on your own initiative and
you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or
adaptation of such Content, or any product or service offered on the LABs Sites, in violation of any
applicable laws or regulations, including without limitation United States export laws and
regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and LABs with regard to your use of the LABs Sites, and any and all other written or oral agreements or understandings previously existing between you and LABs with respect to such use are hereby superseded and cancelled. LAB’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by LABs of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between LABs and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at a LABs Site shall be
deemed to be non-confidential. LABs shall be free to use such information on an unrestricted basis.
Changes to Terms of Use
Should LABs change any of the Terms of Use above, it will display them on the LABs Sites. Please review these Terms of Use frequently as LABs may modify them from time to time. As provided in the disclaimer above, only the Terms of Use in effect at the time of your visit will apply to you.
[Last updated April 24, 2017]