Introduction.
Please read the following agreement carefully before accessing this Website. The information and services on this Website are provided by LIFEVINE Family Services subject to your agreement to the terms and conditions below. If you do not agree to these policies, terms and conditions, please log off this Website. When used in these Terms of Use, “we” and “our” means LIFEVINE, and “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses this Website.
Acceptance of Terms of Use.
By accessing, browsing, or using this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Website. If you do NOT agree to all of these terms, you should NOT access or use this Website.
Use of Information and Services.
You may use the site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us.
Any testimonials or endorsements on this website do not constitute a guarantee, warranty or prediction concerning your use of LIFEVINE’s services. The results portrayed, described, and or referenced on this Website were dependent on the facts and circumstances of each case, and results in other cases may differ.
If you engage LIFEVINE to work on your behalf as a client seeking referrals of candidates to employ, or if you elect to have LIFEVINE represent you as a candidate for potential employment, our services will be provided pursuant to and subject to the terms of our separate written agreement with you. LIFEVINE is a referral agency. It is not the employer of any individuals referred by the agency.
LIFEVINE is committed to equal employment opportunity. LIFEVINE does not make employment or work-related decisions (including without limitation hiring, placements, referrals, training, assignment, promotion, transfer, compensation, discipline or termination) based on any legally protected characteristic or in an unlawful manner.
Modification of Terms.
These Terms of Use may be amended by LIFEVINE, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Website, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions.
LIFEVINE reserves the right to discontinue or make changes or updates with respect to the Website or the Content of the Website at any time without notice.
Copyright and Trademarks.
You acknowledge that all content on this Website, including the Website’s design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof (collectively, “Content”), are the property of LIFEVINE and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of LIFEVINE or the respective intellectual property rights owner.
LIFEVINE authorizes you to view the Content only for personal, non-commercial use. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Website (including, without limitation, LIFEVINE) are the sole property of LIFEVINE and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of LIFEVINE. In addition, all page headers, custom graphics, button icons and scripts are Marks of Huge and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of LIFEVINE. LIFEVINE will enforce its intellectual property rights to the fullest extent of the law.
Submissions.
Any communication received (resumes, cover letters, recommendation letters, pictures, transcripts, educational documents or other communications or information submitted through the Website) submitted to LIFEVINE, or otherwise communicated in connection with your use of the WebSite (collectively,” Submissions”) shall be and remain the exclusive property of LIFEVINE with no further compensation to you. Any disclosure or any submission to LIFEVINE does not create any obligation or liability on the part of LIFEVINE. You are waiving any and all rights that you may have in the submission and you agree that any submission by you will not violate any right of a third party, including copyright, trademark, privacy, or other personal or proprietary rights. You also agree that no submission shall contain libelous or otherwise unlawful, abusive, or obscene material. You shall remain solely responsible for the content of any submission you make. LIFEVINE takes no responsibility and assumes no liability for any content submitted or submitted by you or any third party.
Disclaimer of Warranties.
While LIFEVINE strives to keep the information on this Website accurate, complete and up-to-date, this Website may contain errors or be incomplete in some respects. LIFEVINE does not guarantee the accuracy or completeness of any information on this Website. LIFEVINE assumes no liability or responsibility for, and makes no express or implied representations, guarantees or warranties about, any information, claims, testimonials, services or links on this website, or any websites or services linked to or accessible from this website. Your use of this website, LIFEVINE’s services, and any other services listed or accessible from this website is at your own risk.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT CONTAINED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIFEVINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LIFEVINE MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Disclaimer of Damages and Limitation of Liability.
NEITHER LIFEVINE OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LIFEVINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST Huge AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.
Indemnification and Release.
You agree to indemnify, defend and hold harmless LIFEVINE and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your breach of the Terms of Use; or (3) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. LIFEVINE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
No Unlawful or Prohibited Activity.
As a condition of your use of this Website, you agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.
Shut-down of Website.
LIFEVINE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice or consent. LIFEVINE and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Web site. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. In the event these Terms of Use or your membership or account are terminated the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
Governing Law and Dispute Resolution.
These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflicts of law principles thereof. LIFEVINE makes no representations that the material and information on this Website are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Website or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Website, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.
Severability.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.
No Waiver.
The failure of LIFEVINE and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit LIFEVINE right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.
