Terms of Services

TERMS AND CONDITIONS OF USE (“Terms”)

Life Safety Inspection Vault LLC (“LIV”)

LAST UPDATED ON   October 30th , 2019

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS AND USE OF WWW.LIVSAFE.COM (including any associated sub-domains, the “Site”) CAREFULLY.

  1. Acceptance of Terms of Use.

By using this Site with or without your personal login, you and your Authorized Users (as that term is defined below), directors, managers, shareholders, members, officers, and employees (collectively, “you” or “your”) agree to be bound by these Terms. This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with LIV and meet all of the foregoing eligibility requirements. You acknowledge that you have agreed to the Terms of that govern your use of this Site and the information you access from it. LIV, its subsidiaries, members, business affiliates, and suppliers (“we” “us” or “our”) make the information and services provided on this Site available to you, conditioned on your acceptance without modification of these Terms. We reserve the right to modify them at any time. You should check these Terms periodically for changes. By using this Site after we post any changes to these Terms you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept these Terms at any time, please do not use this Site.

  1. Scope of Terms.

These Terms apply to your use of this Site owned and operated by LIV. These Terms do not apply to your use of unaffiliated websites, websites of any LIV subsidiary, or to which our Site links but does not own or operate, as outlined in this Site’s Privacy Policy.

  1. Links.

These Terms apply only to our Site and not to the websites of any other companies, organizations, or individuals including those to which our Site may link. We are not responsible for the availability of any other website to which our Site links. We do not take responsibility for the content, advertising, products, or other materials made available through other any website, nor do we endorse the websites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use or reliance on any content, goods, or services available on any other website. Please direct your concerns to that website’s webmaster or appropriate contact.

  1. Rights in Data.

You hereby authorize and consent to the collection, storage, and use by LIV and its affiliates, partners and agents, of any information and data related to or derived from your use of the Site, the Services (as defined below), and any information or data that you provide to LIV and its affiliates, partners, and licensors (“Data”). As between LIV and you, you exclusively own all rights, title and interest in and to all of your Data. Other data generated by your use of the Services or the Site will be owned by us.

You grant LIV a non-exclusive, royalty-free, worldwide license to use your Data to improve the Services. Without limiting the generality of the foregoing, the Data includes the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, referrer site information, data, and suggestions based on user actions.

Notwithstanding the foregoing, you must not provide or disclose and the Data will not include any information or data that is personally identifiable to you. The Data will be treated as being non-confidential and nonproprietary, and LIV assumes no obligation to protect confidential or proprietary information (other than personally identifiable information, per the Privacy Policy) from disclosure and will be free to reproduce, use, sell, license, and distribute the Data to others without restriction. LIV will also be free to use, monetize, sell, license, and develop intellectual property out of and from any ideas, concepts, know-how, or techniques contained in the Data for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating such information.

  1. Proprietary Rights and Restrictions on Use.

You acknowledge that the information available through this Site may include textual, statistical, financial, photographic, video, and audio components that are protected by United States Copyright Law. You acknowledge that this information is confidential and its use is restricted to your own internal business purposes, and no other commercial purpose. You shall not reproduce, redistribute, publish, retransmit, broadcast, sell, or license, or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell, or license any such information, except as agreed in writing between us. You agree to comply with any additional use restrictions which may be announced by LIV at any time regarding specific information provided through this Site.

  1. Intellectual Property Rights.

The content on the Site including the text, software, metatags, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) and the trademarks, service marks, trade dress, and logos contained therein (“Marks”), are owned by or licensed to LIV, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS and with all faults accepted for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. LIV reserves all rights not expressly granted in and to the Site and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

  1. Restrictions on Use.

You may not modify, publish, copy, transmit, reproduce, license, create derivative works from, adapt, transfer, sell, or in any manner, commercially exploit any information and content obtained from this Site. This prohibition includes the practice of “screen scraping,” which we consider theft of our proprietary information and those who deal with our data in this manner may be subject to prosecution. By using this Site you warrant to LIV that you will not use this Site for any unlawful purpose or any prohibited use under these Terms. Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation.

  1. Copyright.

If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our DMCA Designated Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further details):

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LIV’s DMCA Designated Agent to receive notifications of claimed infringement is:[146 E. Chubbuck Rd. Suite C, Chubbuck, Idaho 83202]; e-mail: :[ kc.kuttler@livsafe.com                           ]. See also https://dmca.copyright.gov/osp/. LIV respects the rights of copyright owners and will disable access to the Site if a user or member is a repeat infringer of third-party copyrights.

  1. Prohibited Uses.

You may use the Site only for lawful purposes and in accordance with these Terms. You must not use the Site:

      • In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
      • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
      • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
      • To impersonate or attempt to impersonate LIV, a LIV employee, another user, or any other person or entity (including by using e-mail addresses or screen names associated with any of the foregoing).
      • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or conduct that, as determined by us, may harm LIV or users of the Site or expose them to liability.

Additionally, you must not:

      • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
      • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
      • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
      • Use any device, software, or routine that interferes with the proper working of the Site.
      • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
      • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
      • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
      • Otherwise attempt to interfere with the proper working of the Site.
  1. 10. SaaS Services, Security of Our Access IDs, and Penalties for Disclosure.

If you enter into a Software as a Service Agreement with LIV (“SaaS Agreement”), you will be granted a unique numeric ID or similar unique ID (“Access ID”) that you may use to access the Software as a Service section of this Site (the “Services”). You and your Authorized Users (as that term is defined in the SaaS Agreement) must treat the Access ID as private, confidential, and personal and must safeguard and maintain its confidentiality. Use by any other person other than you or an Authorized User will be considered theft. You are liable for any consequences that may result from unauthorized disclosure of the Access ID, whether intentional, negligent, or inadvertent, including immediate termination of this Agreement and liability for liquidated damages. Technological advances allow us to seed the data on this Site and to undertake user monitoring on a regular random basis such that violations of the security of our Access IDs will be detected.

We have the right to disable any Access ID if, in our opinion, you have violated any provision of these Terms.

All use of the Services is subject to the terms and conditions of the SaaS Agreement, which is incorporated into and made a part of these Terms of Use.

  1. 11.Access Inactivation.

If your SaaS Agreement expires or is otherwise terminated or your access to the Services is suspended, your Access ID will also be suspended and you will not be able to access the Services.

  1. 12.Warranty Disclaimer.

ALTHOUGH LIV WILL USE COMMERCIALLY REASONABLE EFFORTS TO STORE AND SECURE YOUR DATA, YOU MUST NOT RELY ON LIV AS THE SOLE SOURCE OR REPOSITORY OF ANY SUCH INFORMATION. LIV DISCLAIMS LIABILITY FOR YOUR FAILURE TO KEEP BACKUPS OF YOUR DATA.

YOUR USE OF THE Site and THE SERVICES is AT YOUR SOLE RISK. THE Site and THE SERVICES ARE PROVIDED AND LICENSED “AS-IS” AND WITH ALL FAULTS ACCEPTED. TO THE FULLEST EXTENT PERMITTED BY LAW, LIV ITS managers, members, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Site AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, AND NONINFRINGEMENT. LIV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Site’S or the SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS Site AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THE Site or THE SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Site or THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR Site OR SERVERS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE that MAY BE TRANSMITTED TO OR THROUGH OUR Site BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Site. LIV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Site OR ANY HYPERLINKED Site OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LIV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. Limitation of Liability.

IN NO EVENT will LIV, ITS managers, members, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THE Site or the SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLies TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Site is controlled and offered by LIV from its facilities in the United States of America. LIV makes no representations that the Site is appropriate or available for use in other locations. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local privacy, consumer protection, and other laws, if and to the extent such local laws are applicable.

  1. 14.Indemnity.

You shall defend, indemnify, and hold harmless LIV its parents, subsidiaries, affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from: (i) your use of and access to the Site or the Services; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including any copyright, patent, trademark, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Site or the Services.

  1. 15.Changes to the Site.

LIV may make changes or improvements to the information, services, products, or other materials on this Site at any time without notice.

  1. 16.Confidentiality.

You must maintain the source of the data contained in the Site as confidential information. You must not disclose or provide access to the Services or other Access ID-protected section of this Site to any friends, affiliates, parent organization, subsidiaries, corporate partners, consultants, shareholders, agents, third parties, or any persons. You must not provide or otherwise make available any licensed program or material or access to the Site to any person without our prior written consent, which may be granted or withheld in our sole discretion. You acknowledge that the Site is proprietary to us, has been developed as a commercial trade secret at the expenditure of our time and money, and is furnished to you in trust. You must hold and use the Site in the same manner as you deal with your own proprietary information and trade secrets. You must initiate strict security measures to prevent the accidental or otherwise unauthorized use or release of access to the Site, with particular respect to consumer information that is considered “sensitive”. Upon your violation of this paragraph, and without cause stated, we may exclude you from access to the Site and thereby terminate this Agreement upon notification by us.

  1. 17.Privacy.

We are committed to protecting your privacy and security and have explained in detail what we do. We urge you to read our Privacy Policy. If you will use any information from this Site, or cause any information from this Site to be used, for your internal business purpose of marketing, your marketing efforts, solicitations, ad copy, and other communications using or derived from the Site, must: (a) exclude any reference to information that is specific to any particular individual recipient of any such marketing communication; and (b) comply with all applicable privacy, data security, best practices and all other laws, rules and regulations relevant to your business model, including the “Controlling the Assault of Non-Solicited Pornography and Marketing Act” (CAN-SPAM Act of 2003), the Idaho Computer Crime Act (Idaho Statues Title 18 Chapter 22), the Gramm Leach Bliley Act, the Final Rules promulgated by the Federal Trade Commission in furtherance of the Gramm Leach Bliley Act, the Telephone Consumer Protection Act of 1991, as amended, the Fair Credit Reporting Act, Federal Do-Not-Call laws, various State Do-Not-Call laws, and the Direct Marketing Association’s applicable privacy and information security policies.

  1. 18.Miscellaneous.

These Terms are governed by laws of the State of Idaho without regard to principles of conflicts of laws. The state  and federal courts in Bannock County, Idaho have jurisdiction.

If any of these Terms are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.

This Agreement may be modified only by our posting of changes to these Terms. Any inquiries regarding these terms and conditions of use should be directed to info@livsafe.com.

For purposes of this Agreement, (a) the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole. This Agreement must be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

By accessing or using any part of this Site or its services, you agree to accept and comply with the terms, conditions, and notices as stated in these Terms and in our Privacy Policy and as they may be modified from time to time without notice to you. These Terms constitute a binding contract between LIV and you. You are responsible for reviewing the Terms regularly. At any time, the most current version of the Terms can be found on this webpage. If you do not agree to these Terms, or if you do not wish to be bound by them, please do not use or access this website.

Life Safety Inspection Vault LLC Privacy Policy

LAST UPDATED ON October  4th, 2019

This Privacy Policy is in all respects subject to and governed by the Life Safety Inspection Vault LLC (“LIV”) Terms and Conditions of Use (“TOS”) available here: [insert link to TOS]. Do not use our site or services if you do not agree with this Privacy Policy or the TOS.

At LIV, we are committed to protecting your privacy – as a first-time visitor or regular user of this website. To our users, we offer this pledge:

We will not sell, disseminate, disclose, transmit, transfer, share, lease, or rent any personally identifiable information or Personal Data to any third party not specifically authorized by you to receive your information except as we have disclosed to you in this Privacy Policy. Under this Privacy Policy, you have the right to rectification if any of your Personal Data is incomplete or inaccurate, and the right of access to your Personal Data at any time to obtain free information about, and an exportable copy of, your stored Personal Data. You also have the right to erasure—the “Right to be Forgotten”—meaning we will delete your Personal Data if you request us to do so. Our contact information is below.

The Information We Collect About You and How We Use It

When you enter our website, we automatically collect, process and store certain information (which may include Personal Data) such as:

  • Your IP address and domain name.
  • The type of browser and operating system you use.
  • The time and length of your visit.
  • The pages of our site you visit.

This information is used for administrative and technical purposes. Such purposes could include counting the number of visitors to our site and individual pages within the site, determining referral sources to our website, assessing the technology used to access our site, and assisting with site maintenance. We protect and secure your Personal Data and take reasonable steps:

  • to protect data against accidental loss
  • to prevent unauthorized access, use, destruction or disclosure
  • to ensure business continuity and disaster recovery
  • to restrict access to personal information
  • to conduct privacy impact assessments in accordance with the law and your business policies
  • to train staff and contractors on data security
  • to manage third party risks, through use of contracts and security reviews

Information Collection

When you send us an email, subscribe to email updates for _____________________ [insert website URL] (including any associated sub-domains, the “Site”), or register on the Site, you will provide us with certain personally identifiable information and Personal Data including your email address. When you register, we request username, email and password. To make comments, you will be asked to supply name or nickname, email address, and website (not required). It is your right to decline to provide us with Personal Data attendant to using any of our services, but if you do some, certain Site features and functionality may not be available to you.

Children Under the Age of 13

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the addresses below.

Data Retention

We will retain your Personal Data for only as long as your account is open or for only as long as needed for our purposes, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

  • the contents of closed accounts are deleted within 3 months of the date of closure;
  • backups are kept for 3 months;
  • billing information is retained for a period of 7 years as of their provision to LIV in accordance with United States accounting and taxation laws; and
  • information on legal transactions between you and LIV is retained for a period of 10 years as of their provision to us.

Cookies

A cookie is a piece of data that is stored on a visitor’s hard drive while visiting the Site. We use cookies to identify one unique visitor from another visitor, to store a visitor’s preferences, and to record session information in order to provide customized webpage content and better service when a visitor returns.

Third-Party Links and Advertising

The Site may contain third-party advertising and links to third-party websites that are not controlled by the Site. The third-party advertising and links are made available to our readers as a convenience. Please be aware that LIV is not responsible for the content of third-party advertising and websites, nor are we responsible for the privacy policy or practices of third-parties and their websites. Our Privacy Policy only applies to information we collect from you while you are actively in session with the Site. If you should link to a third-party website from the Site, we strongly encourage you to review and become familiar with that website’s privacy policy.

Third-party advertisers may place cookies on your browser to collect data (not your name, address, email address, or telephone number) about your visits to this and other sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see here [INSERT LINK].

Third-Party Services

From time to time, we may engage third-parties to assist in providing marketing, back-end, programming and support services. These third-parties will only have access to information to the extent necessary to provide such services.

No Disclosure of Personal Information

Except as specified above, we do not intend to disclose any personal information about you to any third-party without prior consent unless we have a good faith belief that such action is necessary to: (i) complete your transaction; (ii) comply with legal process or other legal requirements of any governmental authority; (iii) protect and defend our rights or property; and (iv) enforce the terms and conditions on the Site. We may provide certain information in aggregate form collected from you, and relating to you, to third-parties. However, we will not provide any personally identifying information.

Postings

We have no control over who reads your postings, or what other users may do with the information you voluntarily post, so please use caution when posting any personal information or comments.

Business Transfer

We intend to keep doing what we do for you. Although we have no plans to transfer the Site, if that were to happen, we may share your information in a business transfer. As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would perhaps acquire the information we maintain, including personally identifiable information and Personal Data.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time by posting the revised Privacy Policy in the “Privacy Policy” section of the website. The revised Privacy Policy is effective immediately when posted on the Site. It is the responsibility of each user to review the website and the Privacy Policy periodically to learn of any revisions to this Privacy Policy. Your continued use of the website after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Privacy Policy.

Questions

If you have any questions about our Privacy Policy or wish to contact us regarding your Personal Data, please feel free to contact us at:

Life Safety Inspection Vault LLC

146 E. Chubbuck Rd. Suite #C

Chubbuck , Idaho 83202

phone  208- 254-7718

fax

e-mail :  Info@livsafe.com

This policy was lasted updated on  October 30th, 2019