Terms
Terms of Use
This Web Site www.livewireergogenics.com is provided by Livewire Ergogenics, LLC (LW) and is subject to the following terms of use, as modified by LW Terms of Use. By using this Web Site or any application provided through this Web Site, you are agreeing to these Terms of Use.
Web Site Content
The Web Site contains trademarks, service marks, copyrighted material and other content owned by LW and others (Content). As between you and LW, LW is the sole owner of all Content on the Web Site, including all copyrights, trademarks, and other intellectual property rights. You may not download, copy or save any Content or any portion of it, for any purpose, except you may print a copy of individual screens appearing as part of the Web Site solely for your personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted in these Terms of Use, you may not modify copy, publish, display, transmit, adapt or in any way exploit the Content without the prior written permission of LW.
User Content
All information (other than personal information, which is governed by our Privacy Policy), including data, text, files, graphics and other materials that you transmit to the Web Site or supply to LW is referred to as User Content. By transmitting User Content on or through this Web Site, you agree that you are solely responsible for the transmission, accuracy, completeness, ownership and publication of that User Content, and that LW is not responsible for your transmission of the User Content. By transmitting User Content to LW or otherwise making User Content available on or through the Web Site, you grant LW a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display that User Content, in whole or in part, and/or to incorporate it in other works in any form, media or technology, and you agree that any “moral rights” in that User Content has been waived. LW does not monitor, review, or edit User Content posted or made available on or through the Web Site. However, LW reserves the right, in its sole discretion, to refuse, edit or remove any User Content, in whole or part, that in LW’ judgment does not comply with these Terms of Use, is illegal, or is otherwise undesirable, inappropriate or inaccurate. LW is not responsible for any decision, lack of decision or delay in editing or removing User Content.
Conduct
You may not transmit in any way User Content on or through the Web Site that: (i) infringes any proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, deceptive, fraudulent, sexually graphic, hateful, or invasive of another’s privacy; (iii) victimizes, harasses, degrades, or intimidates an individual or group on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or contribute to any other similarly destructive activity. You also agree that you will not: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (ii) forge or otherwise manipulate User Content in order to disguise the origin of any User Content; (iii) interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements or policies of networks connected to the Web Site; (iv) infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site; (v) collect or store information about the Users of the Web Site or the User Content posted by others on the Web Site or use such information for any purpose inconsistent with the purpose of the Web Site; or (vi) violate any applicable local, state, national or international law or regulation.
Linked Sites
LW may provide links to third parties’ Web sites or applications (Linked Sites). Linked Sites are not necessarily reviewed, controlled, or examined by LW. Each Linked Site may have its own terms of use and privacy policy, and the user must be familiar and comply with all such terms and policies when using a Linked Site. LW is not responsible for the content, availability, policies or practices of any Linked Site, or any additional links contained therein. These links do not imply LW’ endorsement of the Linked Resources or any company or service. Privacy Policy We encourage you to read our Privacy Policy, which is incorporated by reference into these Terms of Use.
Disclaimer of Warranties
THIS WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LW SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE WEB SITE AND THE CONTENT THEREIN; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT WILL LW, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF LW OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.
Indemnification
By using the Web Site, you agree to defend, indemnify, and hold LW, its affiliates, officers, directors, and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web Site, any violation of these Terms of Use by You, or any User Content you transmit on or through the Web Site. Copyright Agent If you believe that information or any other material has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with an e-mail or other written notice with the following information: * an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; * identification of the copyrighted work claimed to have been infringed; * a description of where the material is located on the Web Site; * your address, telephone number, and e-mail address; * a statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; * a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Applicable Laws/Jurisdiction We control and operate this Web Site from our offices in the United States of America. Persons who access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws. The laws of the state of Wisconsin, excluding its conflicts-of-law rules, will govern these Terms of Use and your use of the Web Site. By using the Web Site, you agree and consent (i) that any claim or dispute with LW or relating in any way to your use of the Web Site will be heard exclusively in state or federal courts located in the State of Wisconsin and closest to Milwaukee, Wisconsin; and (ii) to the exercise of personal jurisdiction in the courts of the state of Michigan, in connection with any such dispute. Changes to Terms of Use LW may change these Terms of Use from time to time in its sole discretion, without actual notice. Any change will appear on this page of the Web Site. You are encouraged to check for changes to these Terms of Use regularly. By using the Web Site following any modifications to these Terms of Use, you agree to be bound by any such modifications.
Privacy Policy
This Privacy Policy (the Policy) contains the policies of LiveWire(LW) regarding the collection and use of information relating to this Web site (the Web Site) and all applications accessible through this Web site (the Applications), except where noted. References to the User mean any person or company that visits or uses the Web Site or the Applications. For LW, the protection of personal data is of utmost importance. This information informs you how we protect your privacy when you give your personal data to us. LW shall comply with all applicable data protection regulations, but in addition, we would like to assure you that we are using your data in a responsible way, making sure that your privacy is protected at any time when visiting our web site or communicating with us via e-mail and especially when you are utilizing our password protected logistical exchange areas. By using the Web Site or any Application you represent that (a) you are of sufficient legal age and have authority to use the Web Site and Applications and to bind your company as applicable; and (b) you have read this Policy and consent to the use of personal information collected by LW as described in this Policy. LW may make changes to this Policy by posting the revised Policy on this Web Site. Please check periodically to ensure that you have reviewed the most current Policy. Using the Web Site or any Application after any change to the Privacy Policy will be deemed consent to the change.
General Information Collection
LW may collect, maintain, and process information provided by or concerning Users, on and through the Web Site and the Applications. Users represent and warrant that all information they provide to LW is accurate, current, non-misleading and relevant for the purpose provided. Users of the Applications also represent and warrant that they have the authority to provide the information submitted through the Applications, and agree that LW may occasionally verify that authority
Public Areas of the Web Site
Users may visit the public areas of the Web site without disclosing any personal information about themselves, other than LW automatic logging of basic usage data as described in Usage Data below. Contact Information and “Opt-Out” If a User requests information from LW, an e-mail or other contact information may be required to allow LW to reply or for other related purposes. LW will request only that information reasonably necessary to provide requested information or services. Users may elect to opt-out from receiving communications by (i) checking appropriate opt-in or opt-out boxes if provided on the collection form, (ii) following the instructions Opt-Out Choices below, or (iii) following the instructions described in the communication sent from LW.
Registration Information
To use the Web Site or Applications, Users may be required to register by providing contact information such as user ID, password, name, title, business address, business telephone number, business e-mail address and other contact information (Registration Information). Certain portions of the Registration Information may be used for determining qualifications for use of particular applications. LW may use Registration Information to communicate with Users regarding available transactions, changes in functionality of the Web Site or Applications, billing, help desk and other activities relating to the operation of the Web Site. LW may also use Registration Information to send Users information about products or services available on or through the Web Site and offers made available by LW business partners, which information may be sent by LW or the business partner making the offer. Instructions on how to request that LW not send future communications (except for those necessary for the operation of the Web Site) or that LW not share Registration Information with third parties are contained in Opt-Out Choices below.
Transaction Data
LW may collect and compile information concerning use of the Web Site and Applications, including transactions and other use by Users (Transaction Data). LW will use Transaction Data for its intended purpose in LW business with, for or on behalf of the User or the User’s company. LW will not share Transaction Data with any third party, except to the extent reasonably required in LW business with, for or on behalf of the User or the User’s company. LW may aggregate and/or use for its own internal purposes any Transaction Data and may use or disclose to third parties aggregated Transaction Data not reasonably identifiable to any User or company. LW will use its best efforts to guard all Transaction Data against unintentional disclosure.
Usage Data
LW will collect information about how Users use the Web Site and the Applications. This data may include a User’s domain name, language, type of browser and operating system, Internet service provider, Internet protocol (IP) address, the site or reference directing the User to the Web Site, and the amount of time spent on the Web Site or using any Application (collectively, Usage Data). LW may monitor and use Usage Data in aggregated form to measure the Web Site’s performance and Application activity and improve the Web Site’s design and functionality. LW may also use Usage Data for security purposes or to verify transactions or other communications made in the Applications. Consent to Processing By using or providing information to the Web Site and the Applications, Users understand and consent to the collection, processing and use of such information in the United States and other countries and territories, for the purposes set forth in this Policy.
Acceptable Disclosures
LW may use third parties to provide or perform services and functions on the Web Site and the Applications. For example, LW may use a third-party supplier to provide functionality provided in an Application through a browser re-direction to or framed use of systems operated by that third-party supplier. LW will make information concerning Users and their use of the Web Site and the Applications available to these suppliers, as necessary, to perform these functions. Any access to that information will be limited to the purpose for which the information was provided. The suppliers may be located throughout the world; therefore, information relating to Users may be sent worldwide to countries having different privacy protection standards than the User’s country of residence. LW may also make information concerning Users, the Web Site and the Applications, and the uses thereof, available to law enforcement personnel and agencies as required by law. Where permitted by law, LW may also disclose such information to law enforcement personnel and agencies, or use such information as part of legal process, in order to protect its property or in support of an investigation regarding a breach of the terms of use or any unauthorized access to or use of the Web Site or the Applications.
Cookies
Cookies are text files containing information which makes it possible to identify repeated visitors exclusively for the duration of their visit to our web pages. Cookies are stored on the hard disk of your computer and do not cause any damage there. The cookies of our internet pages do not contain any personal data on you. Cookies will save you having to enter data several times, facilitate the transmission of specific contents and will help us to identify those parts of our online service that are particularly popular. This will enable us, among other things, to adapt our web pages exactly to your requirements. If you want, you can deactivate the use of cookies any time by changing the preferences of your browser. Please use the help functions of your internet browser to see how you can make these changes.
Linked Sites and Applications
LW may provide links to third parties’ Web sites or applications (Linked Sites) from the Web Site or any Application. Linked Sites are not necessarily reviewed, controlled or examined by LW. Each Linked Site may have its own terms of use and privacy policy, and Users must be familiar and comply with all such terms and policies when using Linked Sites. LW is not responsible for the policies and practices of any Linked Site, or any additional links contained in them. These links do not imply LW endorsement of the Linked Sites or any company or service.
Security
LW employs technical and organizational security measures to protect the personal data you give to us from any deliberate manipulation, loss, destruction, or access by unauthorized persons. Our security measures are improved and adapted on a regular basis according to the state of the art.
Contact; Questions; Comments; Complaints If you would like to communicate with LW regarding privacy issues or have questions, comments or complaints about this Policy, the Web Site or any Application, please forward such communication via the About Page.