LiveOffice Email Continuity

Terms and Conditions

Parties. LiveOffice LLC (“LiveOffice”), and the customer (“Customer”) set forth in the online order form (“Order Form”) agree to the following terms and conditions which together with the Order Form constitute the agreement (“Agreement”) between LiveOffice and Customer. By signing the Order Form, Customer agrees to be bound by all provisions of these terms and conditions, the Order Form and the Agreement, and the individual signing represents and warrants that he or she has authority to bind the Customer and enter into this Agreement on behalf of the Customer.

Services. If LiveOffice determines that Customer is eligible to receive the email continuity services specified in the Order Form and as more particularly described in these terms and conditions (the “Services”), then LiveOffice will establish the Services for Customer. Services provided by LiveOffice to Customer may include: email continuity which allows users to send and receive email when a primary email system is unavailable though a standby mailbox hosted by LiveOffice. This Agreement will be effective on the date Customer signs the Order Form and LiveOffice accepts the Order Form via acknowledgement by LiveOffice of account activation (the “Effective Date”). The Services provided pursuant to this Agreement are free of change, accordingly, LiveOffice reserves the right to terminate, discontinue and/or suspend the Services at any time and without notice. LiveOffice shall have no duty or obligation to store or archive Customer data after termination of this Agreement.

Customer Obligations. During the term of this Agreement, Customer shall have the following obligations, in addition to those set forth elsewhere in this Agreement. Customer is and will remain solely responsible for complying with all laws, rules and regulations regarding the management and administration of its email system. Customer acknowledges and agrees that LiveOffice’s responsibilities and liability do not extend to the internal management or administration of any Customer’s system, including but not limited to Customer’s email system. Customer agrees that it shall not resell or distribute the Services or create or offer derivative versions of the Services either directly or through a third party. Customer agrees to comply with the terms and conditions of the LiveOffice Privacy Policy and/or Acceptable Use Policy as published or posted on LiveOffice’s website at www.liveoffice.com and as may be periodically amended by LiveOffice, said policies are hereby incorporated into this Agreement. Customer expressly acknowledges that by using the Services it agrees to accept marketing communications from LiveOffice.

Disclaimer. LIVEOFFICE MAKES NO WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. To the extent any exclusion of implied warranties does not apply as a matter of law, then any implied warranties are limited in duration to ninety (90) days from the Effective Date.

Ownership. All right, title, and interest in and to the Services, including associated intellectual property rights, is and shall remain the property of LiveOffice.

Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR OPERATION OF THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIVEOFFICE’S LIABLITY PURSUANT TO THIS AGREEMENT EXECEED THE SUM OF ONE HUNDRED DOLLARS ($100.00).

Assignment. Customer may not assign or transfer any part of this Agreement without the written consent of LiveOffice.

Governing Law. This Agreement is governed by California law excluding California’s choice of law rules. FOR ANY DISPUTE RELATING TO THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN LOS ANGELES COUNTY, CALIFORNIA. Customer agrees it will not bring or participate in any class-action lawsuit against LiveOffice.

Severability. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.

Waiver. Failure to enforce any provision will not constitute a waiver.

Amendments. Any amendments must be agreed upon in writing.

Force Majeure. The performance of either party under this Agreement may be suspended to the extent and for the period of time that such party is prevented or delayed from fulfilling its obligations due to causes beyond its reasonable control (including, without limitation, acts of nature, domain name server issues outside its direct control, acts of civil or military authority including governmental authorities, strikes or other labor disturbances, fires, floods, acts of God, terrorism, epidemics, material shortages, wars, or riots).

Notices. Routine communications regarding the Services should be sent to LiveOffice support. If you want to give us notice regarding any non-routine matter, you should send it by electronic mail and first-class United States mail to:

Attn: Finance
LiveOffice LLC
2780 Skypark Drive, Suite 300
Torrance, California 90505

LiveOffice’s routine communications regarding the Services and legal notices will be sent to the individual(s) you designate as your contact(s) on your account either by electronic mail, United States mail, or overnight courier. Notices are deemed received as of the time delivered.

No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.

No Agency. The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.

Entire Agreement. This Agreement and all documents referenced expressly herein is the parties’ entire agreement relating to its subject and supersedes any prior or contemporaneous agreements.