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Terms of Service
This Terms of Service Agreement (hereinafter "Agreement") sets forth the terms and conditions for use of services provided by LiveSupport.com, to site visitors, users, registered members and account holders. By visiting our site, using any of the tools and services provided via our site, or registering an account, you thereby agree to be bound by each of the terms and conditions of this set forth herein.
We may alter/amend this Agreement at any time by posting the altered / amended terms and making them available to be read by current account holders. In such cases, the modified terms and conditions of this Agreement are effective and in force when posted by us.
It is the responsibility of the visitor/user to read this Terms of Service each time they access any portion of our site. Any usage of this site including viewing any page published on our site, implies that you agree to be bound by the terms and conditions of this Terms of Service Agreement.
BILLING POLICIES
- You will be billed for services you have selected to receive on a recurring basis until and unless the service(s) we are providing is cancelled by you. You may select from monthly, quarterly, or yearly recurring billing plans.
- No refunds will be issued. LiveSupport offers a free trial period which allows you the customer to determine prior to purchase if the product / service will meet your requirements.
- Accounts that have become 15 days past due are subject to suspension/deactivation
- Our charges are not based upon actual usage of the LiveSupport service, but instead, are based upon a license fee that entitles you to use the LiveSupport service. You must cancel in writing any service that you no longer wish to use and pay for.
- You agree to hold LiveSupport.com, its officers, directors, employees, partners, affiliates and associates harmless and indemnify and defend from any civil claim of any nature that arises from your usage of the LiveSupport services. You agree to be bound by the terms and conditions of our Acceptable Use Policy
ADDITIONAL TERMS
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL LIVESUPPORT.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF LIVESUPPORT.COM SERVICES) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE LIVESUPPORT.COM SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF LIVESUPPORT.COM SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LIVESUPPORT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIVESUPPORT.COM MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO LIVESUPPORT.COM FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIVESUPPORT.COM LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold LiveSupport.com and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto LiveSupport.com servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, child pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to LiveSupport.com's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by LiveSupport.com's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
ARBITRATION; GOVERNING LAW
Except for LiveSupport.com's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by LiveSupport.com pursuant to Section 4(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of LiveSupport.com's servers, such controversy or dispute shall first be presented for resolution by LiveSupport.com and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Columbus, Ohio, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Ohio (without regard to conflicts of laws principles).
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to this agreement.
TERMINATION OF SERVICE
LiveSupport.com may terminate this agreement at anytime without further notice due to user's failure to abide by these terms and conditions.
YOUR SIGNATURE ON A HARD COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON YOU. YOUR USE OF THE SERVICE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A HARD COPY OF THIS AGREEMENT.
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