Scope and Application of Policy
The network of websites (collectively, the “Levaire websites”) operated by Levaire or its affiliates or subsidiaries (“Levaire”), is comprised of various websites and web pages. Levaire websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Levaire websites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Levaire website included within Levaire websites network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, Levaire websites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Levaire website, then these terms shall control.
Levaire maintains this Acceptable Use Policy (“AUP”) to provide users of its Services (as such term is defined in our web hosting services agreement at https://levaire.com/web-hosting-services-agreement/) for purposes of this AUP, the term “Services” shall also be deemed to include Levaire’s various systems and network) with a clear statement of rules and use restrictions that apply to the use of Levaire’s Services.
This AUP forms an integral part of the Terms of Service that govern your use of Levaire’s Services. Your compliance with and cooperation in Levaire’s enforcement of this AUP is an express condition to your continuing contractual rights to use Levaire’s Services. This AUP also applies to your employees, agents, contractors and end users. The evolving nature of the Internet and on-line commerce makes it necessary for Levaire to reserve the right to make changes to this AUP at any time. You agree that any changes will be effective when posted on-line at this location and that your continued use of Levaire’s Services will constitute your acceptance of any changes or additions to this AUP. You may determine the date of posting at the Effective Date section at the end of this AUP.
This AUP is not intended to address all possible unacceptable uses of Levaire’s Services. As a result, Levaire reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate your Services, or take such other action as Levaire deems appropriate in its sole discretion.
By using the Products and Services, you are AGREEING, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any Levaire, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, Levaire websites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, Products or Services obtained from Levaire websites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Levaire or to purchase Levaire products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Levaire is strictly prohibited.
Harassment in any manner or form on the Site or any of Levaire websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Levaire employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Use of the Products and Services are subject to compliance with these Terms and Conditions. You acknowledge and agree that Levaire may terminate your access to the Levaire website or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Levaire. Any such termination shall be in Levaire’s sole discretion and may occur without prior notice, or any notice. Levaire further reserves the right to terminate any user’s access to the Levaire website or to any of the Products and Services for any conduct that Levaire, in its sole discretion, believes is or may be directly or indirectly harmful to other users, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Levaire further reserves the right to terminate any user’s access to the Levaire website or to any of the Products and Services for any reason or for no reason at all, in Levaire’s sole discretion, without prior notice, or any notice.
YOUR USE OF LEVAIRE’S SERVICES MAY NOT VIOLATE ANY OF THE FOLLOWING PROVISIONS. LEVAIRE MAY SUSPEND OR TERMINATE YOUR SERVICES IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP. YOU VIOLATE THIS AUP WHEN YOU, YOUR END USERS OR ANY THIRD PARTY ACTING ON YOUR OR YOUR END USERS’ BEHALF, ENGAGE IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, OR ATTEMPT TO ENGAGE IN AN ACTIVITY, WHETHER SUCCESSFULLY OR OTHERWISE, CONTRARY TO THE TERMS OF THIS AUP.
LEVAIRE WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND A THIRD PARTY. CONSEQUENTLY, LEVAIRE RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE YOUR SERVICES UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP, THAT MAY OTHERWISE SUBJECT LEVAIRE TO LIABILITY FOR ANY REASON, OR THAT MAY CAUSE LEVAIRE TO INCUR LEGAL FEES OR OTHER EXPENSES.
LEVAIRE MAY SUSPEND AND TERMINATE YOUR SERVICES UNDER THIS AUP WITHOUT NOTICE TO YOU AND YOUR END USERS. LEVAIRE MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.
1. Lawful Purpose
You may use Levaire’s Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use Levaire’s Services to facilitate, or otherwise assist in, the violation of any law or regulation.
2. Spamming and Related Activities
Levaire strictly prohibits your use of Levaire’s Services to transmit SPAM or to host a site that is advertised or announced via SPAM. “SPAM” is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium including, but not limited to, Microsoft Messenger Service; Chat Programs such as AIM, YIM and MSN; e-mail, Internet facsimile, Internet phone, instant and text messaging (SMS) and IRC applications.
Activities that violate this policy may also subject you to civil liability to third parties and to criminal penalties.
3. Permission Based Communications
You may use Levaire’s Services to transmit permission-based communications for purposes of marketing your goods and services, provided that you otherwise comply with the standards set out in this AUP and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using Levaire’s Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that your marketing is strictly permission-based. In addition, should you purchase mailing lists or other types of data that are to be used to contact third parties via Levaire’s Services, you must verify that the lists have been compiled on a strict “opt-in” basis.
In addition to the foregoing general requirements, all permission-based communications sent using Levaire’s Services must include the following (and you are required to take the corresponding actions set forth below):
- A working “unsubscribe” link. (You must honor all unsubscribe requests within 72 hours from the time they enter Levaire’s Services.)
- The recipient’s accurate e-mail address in the “to” line and the sender’s accurate e-mail address in the “from” line.
- A working “abuse” address and/or link. (You must answer all complaints forwarded to this address within 72 hours from the time they enter Levaire’s Services.)
- An up-to-date website that corresponds with the domain portion of the response e-mail. Your website must conspicuously display your up-to-date mailing address, telephone number and facsimile number.
You are solely responsible for the transmission of all such permission-based communications. Levaire reserves the right to suspend or terminate your Services in the event Levaire receives an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties whom “opt-in” or otherwise. You agree that Levaire may determine what constitutes an excessive number of complaints in its sole and exclusive discretion.
4. Copyright Infringement
You may not use Levaire’s Services in any manner that infringes upon the rights of a third party under federal and foreign copyright laws.
Levaire is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (“DMCA”). The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at https://www.copyright.gov/title17/92chap5.html#512.
Levaire is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Levaire will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that Levaire must remove, or disable access to, material on your web site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that Levaire may do so by disabling access to your entire web site.
5. Violations of Other Intellectual Property Rights
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Levaire respects the intellectual property of others, and we ask our users and visitors to do the same. Levaire will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Levaire will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Levaire the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit Levaire to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
3824 Sandlewood Dr
Okemos, MI 48864
By email: Complaints about activity in violation of this policy engaged in by Levaire customers or end users may be directed to support [at] levaire [dot] com. Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING LEVAIRE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING LEVAIRE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
6. Defamation and Harassment
You may not use Levaire’s Services to defame, harass, abuse, libel, slander or threaten a third party.
7. Child Pornography
You may not use Levaire’s Services to disseminate or display images or other content that constitutes child pornography under United States laws.
Levaire applies a zero tolerance policy to the enforcement of this prohibition. Levaire takes an active role in cooperating with law enforcement officials in their efforts to prosecute violations of statutes that prohibit the dissemination of child pornography. Levaire reports the use of its Services to disseminate or display child pornography as required by law. You will not be notified that Levaire may be cooperating with law enforcement or that Levaire has reported the use of its Services in this manner.
For further information about child pornography, you may visit the web site of the National Center for Missing and Exploited Children at www.ncmec.org.
Complaints about activity in violation of this policy engaged in by Levaire customers or end users may be directed to support [at] levaire [dot] com.
8. Disruptive or Abusive Activity
You may not use Levaire’s Services:
- to forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet Protocol addresses to conceal or misidentify the origin of a message;
- to create or transmit any Internet virus, worm, Trojan horse or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operations of the Services;
- to maintain open mail relays, forward or propagate “chain” mail or mail bomb;
- to engage in denial of service attacks including, but not limited to transmitting packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other use, or otherwise interfere with an Internet user’s terminal session;
- in a manner that encumbers or utilizes disk space, processors or other system requirements beyond those allowed by your specific account;
- to establish, create or otherwise make available any Internet Relay Chat (IRC) server;
- to hack, subvert, or assist others in hacking or subverting the security or integrity of Levaire’s Services;
- to disseminate or display indecent or obscene images or content;
- to solicit information that is considered to be confidential, such as passwords or credit card information, or to crack passwords or to defraud third parties into releasing their passwords;
- to solicit or facilitate the performance of any illegal activity, even if the activity itself is not performed; and/or
- in any manner that might potentially subject Levaire to unfavorable regulatory action, subject Levaire to any liability for any reason, or adversely affect Levaire’s public image, reputation, goodwill, business or operations.
9. United States Export Laws
United States export control laws govern your use of Levaire’s Services. These laws apply to you and your use of Levaire’s Services regardless of whether you actually reside in the United States.
You may not use Levaire’s Services for any purpose that violates these laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. You may not use Levaire’s Services to provide services to end users with whom United States citizens may not do business.
For further information about United States export laws, you may visit the United States government’s portal to exporting and trade services at https://www.export.gov.
While Levaire is concerned with the privacy of on-line communications and websites, the Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. Levaire is not responsible for the security of any information transmitted over its Services, unless it has expressly agreed to do so. Such an agreement must be in writing and signed by an authorized officer of Levaire.
11. IP Addresses
In connection with your use of Levaire’s Services, you may only use IP addresses that are assigned to you by Levaire. If you use IP addresses that are not assigned to you by Levaire, Levaire will suspend your Services from network access until such time as the IP address overlap is corrected. Levaire owns all IP addresses that may be assigned to you by Levaire. Levaire may, in its sole discretion, change these numbers from time to time without notice to you.
12. Certain Restrictions Applicable to Shared Customers
If you are the registered owner of an Levaire shared account:
Your Services may not be transferred or used by anyone other than you. You may not sell, lease or assign the Services or any part of the Services to any party not named in Levaire’s records. You may allow ftp access and host websites for your end customers without violating this AUP.
When you utilize an excessive amount of system resources, Levaire reserves the right to place CPU process limits on your account to prevent disruption of Levaire Services to other customers. Levaire reserves sole discretion to determine what constitutes excessive usage of system resources.
13. Certain Restrictions Applicable to Dedicated Customers
If you are the registered owner of an Levaire dedicated account:
You are solely responsible for any breaches of security affecting servers under your control. If your server is involved in an attack on another server or system, it may be shut down and Levaire may launch an investigation to determine the cause and source of the attack. In such an event, you are responsible for all costs to rectify any damage done to your server and any other requirement affected by the security breach. You acknowledge and agree that Levaire will not be liable to you or your end users for any loss or corruption of data or information, inability to access the Internet or Levaire’s Services or inability to transmit or receive information as a result of any actions taken by Levaire in response to such security breaches. This foregoing sentence may not be construed to diminish or amend any limitations of liability, or restrict the applicability of such limitations, as to Levaire that are set forth in the Terms of Service or any other agreement between you and Levaire.
14. No Credits or Refunds for Suspension and/or Termination of Services
Levaire does not issue credits or refunds for outages incurred as a result of its decision to suspend or terminate its Services for a violation of this AUP. You agree to indemnify, defend and hold harmless Levaire from any claims by your end users and any third party that they have been damaged by reason of such suspension or termination of Levaire’s Services.
15. Monitoring of Services; Cooperation with Law Enforcement; Legal Documents
You are solely responsible for ensuring that materials disseminated or posted using Levaire’s Services comply with this AUP and all applicable laws and regulations. Levaire does not review, edit, censor or take responsibility for any information you, other customers or your end users may create.
Levaire may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. Levaire assumes no obligation to inform you that such information has been provided and, in some cases, may be prohibited by law from providing you with notice.
On occasion, Levaire may have a need to communicate with you about issues that relate to billing, service changes, additions and modifications to its Services. Levaire may choose the method of such communication in its sole discretion. The preferred method of communication is via e-mail.
It is your responsibility to provide and check the account and contact information, including a required valid e-mail address, that you provide to Levaire during the sign-up process. It is your responsibility to inform Levaire promptly of any changes to your account or contact information. Levaire has no responsibility for communications that are misdirected as a result of your failure to provide Levaire with updated contact information.
16. Typographical Errors
In the event a Levaire product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Levaire shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Levaire shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Levaire shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or submission process. These terms and conditions, or any of them, may be modified or terminated by Levaire without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Either you or Levaire may terminate your account with Levaire at any time with or without cause. Your only right with respect to any dissatisfaction with any (i) Agreement term or policy or practice of Levaire in operating Levaire, (ii) Content available through Levaire or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your account with Levaire by notifying Levaire Customer Support of your desire to terminate. Your notice of termination will be effective upon receipt by Levaire, or upon receipt of confirmation if confirmation is requested. You may send your request to:
3824 Sandlewood Dr
Okemos, MI 48864
18. User Participation
Levaire does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Levaire is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Levaire reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Levaire at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Levaire in accordance with Levaire’s Privacy Statement.
Certain Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by Levaire registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Levaire has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Levaire has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
All Levaire registrations become the exclusive property of Levaire. Levaire reserves the right to use and reuse all registration and other personally identifiable user information subject to the Levaire Privacy Statement. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the Levaire Privacy Statement.
19. User Submissions
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Levaire will have no obligations with respect to the Communications. Levaire and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
20. Use of Secure Areas and Passwords
Use of any password-protected area of the website is restricted to the registered user who has been given permission and a password to enter such area. This password cannot be distributed to others, and the registered user is responsible for any and all damages to Levaire resulting from the distribution of his or her password. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Levaire of any unauthorized use of your registration or password.
Levaire makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites.
Levaire does not filter advertisements or other content that children may view through our sites or “linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVAIRE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVAIRE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. LEVAIRE SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEVAIRE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. LEVAIRE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. LEVAIRE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LEVAIRE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF LEVAIRE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL LEVAIRE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LEVAIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, LEVAIRE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL LEVAIRE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
This AUP was last updated on December 23, 2017.