Effective Date: November 18, 2020
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR ORGANIZATION), AND THE ENLIVENED COLLECTIVE. BY ACCESSING OR USING THE SITE, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE. YOUR USE OF THE SITE MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.
We reserve the right to modify, alter or update this Agreement at any time, without prior notice, by posting any such modified, altered or updated version of this Agreement on the Site. All such modifications, alterations and updates will become effective immediately upon posting. We encourage you to check this page each time you visit the Site. Except as otherwise expressly stated by us, any use of the Site is subject to the version of this Agreement in effect at the time of use. Your continued use of the Site after any modifications, alterations or updates are made to this Agreement constitutes your acknowledgement and acceptance of such changes. You must be at least 18 years old to use the Site.
GENERAL TERMS AND CONDITIONS
Unless otherwise noted, the Site is intended for personal, noncommercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws.
INTELLECTUAL PROPERTY RIGHTS
The Site, and all of its contents, including without limitation, text, photographs, images, illustrations, graphics, video material, audio material, music, software, logos, titles, characters, names, graphics and button icons, (collectively “Proprietary Material”), are or may be protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by us or by other parties that have provided rights thereto to us.
You may not, and agree that you will not, use, publish, reproduce, display, distribute, or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
Our name, logo and all related names, logos, product and service names, designs and slogans are trademarks of The Enlivened Collective or our licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
We have developed a Privacy Notice in order to inform you of our practices with respect to the collection and processing of your information. By using the Site, you agree to the Privacy Notice, the terms of which are incorporated herein by reference.
THIRD PARTY WEBSITES
The Site contains links to third party websites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. We do not control, recommend or endorse and are not responsible for these websites or their content, products, services or privacy policies or practices. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the third party websites or the information or material accessed through these third party websites. If you decide to access any other website linked to or from the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites.
VISITORS TO THE SITE AGREE THAT THEIR USE OF, AND RELIANCE ON ANY CONTENT, ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE SITE IS AT THEIR OWN SOLE RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE ENLIVENED COLLECTIVE EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OF THE SITE; AND (II) ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT, WARRANT OR GUARANTEE: (1) THAT THE SITE, ANY PORTION OF THE SITE, OR E-MAILS SENT FROM OR ON BEHALF OF THE ENLIVENED COLLECTIVE ARE OR WILL BE FREE OF INFECTION BY VIRUSES, SCRIPTS, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
By using the Site, you agree to defend, indemnify, and hold The Enlivened Collective and its officers, directors, employees, contractors and suppliers harmless from any and all claims, demands, liabilities, damages, losses, costs, and expenses (including without limitation, attorneys’ fees and expenses, including any incurred in enforcement of this indemnity) arising in any way from or in connection with your use of the Site or any goods and services available on or through the Site, or any violation by you of this Agreement, our Privacy Notice or any other policy posted on the Site applicable to your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE ENLIVENED COLLECTIVE OR OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO ANY PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US IS TO DISCONTINUE YOUR USE OF THE SITE. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If any of the provisions, or portions thereof, of this Agreement is found to be invalid under any applicable statute or rule of law, the remainder of this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and The Enlivened Collective or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and The Enlivened Collective must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR THE ENLIVENED COLLECTIVE MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor The Enlivened Collective may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
You agree that the laws of the State of Delaware, United States, excluding its conflict of laws rules, and this Agreement, our Privacy Notice and any other policies posted on the Site applicable to your use of the Site shall govern your use of the Site. You expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the Site resides in the courts of the State of Delaware, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware, in connection with any such dispute and including any claim involving The Enlivened Collective, our employees, contractors, officers, directors, and suppliers.
This Agreement is the entire agreement between you and The Enlivened Collective with respect to the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and The Enlivened Collective with respect to those matters. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect.