LiveBinders
    

Terms of Service

Last update: August 30, 2012

Welcome to LiveBinders!

Thank you for your interest in our products and services. LiveBinders provides its services to you subject to the following Terms of Service ("Terms"), which may be updated by us from time to time and without notice.

The following Terms govern your use of the LiveBinders web site (the “Site”), and all content, features, tools, services and/or products available on or through the Site (collectively, the "Services"). Use of certain tools and services available on or through the Site may be governed by additional terms made available in conjunction with such tools and/or services. In the event of a conflict between such additional terms and these Terms, these Terms shall apply, but only to the extent of such conflict. Please review the Terms carefully. By registering for, accessing, browsing, or otherwise using the Services, you are accepting and agreeing electronically to these Terms and consent to the terms of our Privacy Policy described below. When accepted by you, the Terms form a legally binding contract between you and LiveBinders. If you do not agree to these Terms, please do not use the Services. The terms "LiveBinders", "us", "we" or "our" refers to LiveBinders, Inc., the owner of the Services. The term "you" or "your" refers to the person accessing or using the Services, or the company or organization on whose behalf that person accesses the Services.

Our Services

The LiveBinders Services includes computer programs, widgets, services, tools and web sites hosted or made available by LiveBinders, which allows you to access, collaborate, create, store, utilize, organize, present, add, view and share content on the LiveBinders site as well as third party sites.

In order for us to provide you with the Services, you understand and agree that you are allowing LiveBinders to use, retrieve, distribute, integrate, present, embed and access your Content (as defined below) in accordance with these Terms. You further understand that the provision of the Services to you may depend on us sending you service announcements, administrative messages, and other information. You may opt out of some of those communications by choosing the applicable options in your account profile.

Modifications to Services or Terms

We retain all rights to determine the features and capabilities included as part of the Services. We may, now or in the future, include features and capabilities that link to third-party services, content, advertisements, applications, widgets or websites from the Services.

We reserve the right to modify, suspend, or discontinue all or any aspect of the Services from time-to- time, with or without notice to you, and we are not liable to you or any third party should we exercise such right. We may from time-to-time modify the Terms, and any such modifications will take effective after we post or otherwise make such modifications available to you on or through the Services. Please check these Terms periodically for changes. If we make any material changes to the Terms, we will provide you with notice of such modification in accordance with the notice procedures described below. If you object to any such changes to the Services or the Terms, your sole recourse is to discontinue using the Services. Continued access and/or use of the Services after any such changes have been posted or made available on or through the Services shall indicate your assent to and acceptance of such changes. Notwithstanding the foregoing, the resolution of any dispute that arises between you and LiveBinders will be governed by the Terms in effect at the time such dispute arose.

Feedback

We appreciate it when users send us comments, bug reports, feedback, or proposals and/or suggestions for modifications to the Services (collectively, “Feedback”). Please be aware that we may use any Feedback, comments, or suggestions to improve our services but without any obligation to you. If you provide us with any Feedback, we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of any suggested changes into the Services. You hereby grant us a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

Your Content in Our Services

By using our Services you provide us with information, files, and other content, including but not limited to web links, videos, images, text, annotations, animations, widgets, graphs, files, spreadsheets, text documents, photos, graphic designs, and/or other types of content submitted or uploaded to the Services by you or others on your behalf (collectively, your "Content"). You retain full ownership of your Content. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your content or intellectual property except for the limited rights described herein that are needed to run and/or improve the Services. For example, we may need such rights for purposes of hosting your files, sharing them with others at your direction, creating image thumbnails for binder covers, embedding links and files to binder tabs and sub tabs, organizing your content into a detailed index list, organizing your binders onto a shelf, or backing up your data to keep it safe. Your Content is displayed on or through the Services for informational purposes only and is not otherwise endorsed or controlled by LiveBinders. You understand and agree that you shall be solely responsible for your Content and the consequences of posting or publishing your Content on or through the Services. By posting or uploading your Content to or through the Services, you hereby grant LiveBinders a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, store, reproduce, reformat, distribute, transmit, prepare derivative works of, display, and perform your Content in connection with our Services and LiveBinders’ (and its parent’s and successor's) business, including without limitation for promoting and redistributing your Content (and derivative works thereof) in any media formats and through any media channels, whether now known or hereafter developed. You also hereby grant each user of the Services who accesses your Content a non-exclusive license to access your Content, and to use, reproduce, distribute, display and perform your Content solely for personal, non-commercial use. The foregoing license granted by you to other users terminates once you block access to, remove or delete Your Content from the Services, provided, however, that other users’ rights to such Content arising out of distributions occurring on or prior to deletion of such Content from the Services shall survive any termination of this license.

In connection with your Content, you affirm, represent, and warrant that: (i) you own your Content or have the necessary licenses, rights, consents, and permissions to grant all of the licenses set forth above, and (ii) use of your Content in the manner contemplated by our Services and these Terms do not and will not violate any applicable law or regulation or any third party rights, or require us to obtain a license from or to pay any fees and/or royalties to any third party in order to exercise any of the rights granted in these Terms. Without limiting the generality of the foregoing, you further agree that you will not: (i) submit Content that includes material which is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post such material on or through the Services, and to grant LiveBinders all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage LiveBinders or any third party; or (iii) submit Content that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. LiveBinders does not endorse any of your Content or any opinion, recommendation, or advice expressed therein. LiveBinders shall have no obligation to monitor any Content posted or uploaded to the Services, although LiveBinders reserves the right, in its sole discretion, to refuse to allow any Content on the Services and/or to delete from the Services or modify any Content at any time with or without notice to you. Without limiting the generality of the preceding sentence, LiveBinders will remove your Content from the Services if properly notified that your Content infringes on a third party's intellectual property rights and/or terminate a user's access to the Services, if they are determined to be a repeat infringer. (see "Digital Millennium Copyright Act Compliance" below).

You understand that when using the Services, you may be exposed to Content from a variety of sources and that LiveBinders does not endorse and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You understand that LiveBinders cannot, and does not, review all Content and does not endorse any Content or user from whom such Content originates. You further understand and acknowledge that you may be exposed to Content that is inaccurate, misleading, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LiveBinders with respect thereto. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Ownership of the Services

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. With the exception of your or any other user's Content, all content, services and/or products available on the Site or otherwise through the Services, including without limitation documents, forms, pictures, images, audiovisual works, and informational materials (collectively, the “LiveBinders Materials”), is owned or controlled by us, our affiliates or licensors, and is protected by copyright and other intellectual property laws. Subject to the foregoing, we authorize you to download a single copy of any part of the LiveBinder Materials expressly made downloadable by us, if you retain all copyright and proprietary notices, if any, that are contained in such part of the LiveBinders Materials. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Site or the Services. You shall not copy, distribute or publish any LiveBinders Materials or any information obtained or derived therefrom except as permitted on or through the Services or as otherwise permitted by applicable law. We reserve all rights that are not expressly granted to you in these Terms.

Links to Third Party Sites

The Services may contain or provide links to other World Wide Web sites or resources unaffiliated with LiveBinders. Because LiveBinders has no control over such sites and resources, you acknowledge and agree that LiveBinders is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such third party sites or resources, including without limitation in connections with the accuracy, usefulness, or intellectual property rights of content available on or through such third party sites or resources. You further acknowledge and agree that LiveBinders shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the information, goods or services available on or through any such third party site or resource. In addition, LiveBinders cannot and will not censor or edit the content of any third-party website, advertisement, application or widget. By using the Services, you expressly release LiveBinders from any and all liability arising from your use of or reliance on the information, materials, products or services available on or through any such third-party sites or resources.

General Rules of User Conduct

To make the use of our Site and Services a good experience for all of our users, you agree not to do any of the following:

  1. Conduct or promote any illegal activities while using the Services;
  2. Upload, post, transmit or otherwise make available on or through your Content any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable;
  3. Impersonate any person or entity, including, but not limited to, a LiveBinders official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. Decompile, reverse engineer, or otherwise access or attempt to access or derive the source code for the Services or any part thereof;
  6. Jeopardize or attempt to jeopardize the correct functioning of the Site or Services, or make or attempt to make any modification to the Services or any part thereof;
  7. Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer any of the licenses granted to you in these Terms;
  8. Modify, change or alter in any way, the proprietary content of other users of the Services;
  9. Upload, post, email, transmit or otherwise make available any material to or through the Services that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  10. Attempt to gain access to secured portions of the Site to which you do not possess access rights;
  11. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  12. Use the Site or Services to generate unsolicited email advertisements or spam;
  13. Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services.
  14. Stalk" or otherwise harass another; and/or
  15. Collect or store personal data about other users without their permission.

Your Free Basic Account

You will need to create a LiveBinder's account in order to have access to certain restricted areas of the Services. LiveBinders offers free “Basic Accounts” that allow you up to 100 MB of storage and access to certain free features of the Services. You can create an account by following the registration instructions provided on the Services, or your account may be assigned to you by an administrator, such as your employer or educational institution. You agree to provide only accurate, complete registration information about yourself during the creation of an account, and to keep that information up-to-date if it changes. We may refuse the use of any user name that we determine is unacceptable and we may reject in our sole discretion any request to open an account. You must be at least 13 years old to register for an account. Each registration is for your personal use of the Services. Access and use of the Services are not authorized by any other person or entity using your registration and you are responsible for preventing such unauthorized use. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data.

We do not charge a fee for access to the Services through a Basic Account. However, the provision of Basic Accounts may in the future be supported by advertising. As consideration for using the Services, you consent to our placement of such advertising. LiveBinders has the sole discretion in its choice and placement of advertising. All advertising space and corresponding advertising revenue on the Services shall belong to LiveBinders.

Professional Accounts

LiveBinders offers you the option of increasing your account storage space beyond 100 MB and allowing you to upload private documents for a fee. By doing so, your account will be converted to a “Professional Account” and will not be subject to some of the restrictions placed on the free basic accounts. You agree to pay to LiveBinders all fees for services purchased on or through the Services under your Professional Account, if applicable, at the then-current rates for such services (including any applicable taxes), and to abide by LiveBinder’s payment terms in effect at the time of such purchase. LiveBinders may change the fees for the use of Professional Accounts, or add new fees or charges, at any time. For any change in fees for services purchased under your Professional Account, if applicable, LiveBinders will send you a notice of such change in advance of the time such change take effect (via a message on or through the Services or via email).

LiveBinders accepts PayPal transactions for monthly charges, or a credit card transaction for an annual fee, depending upon which payment option you select when registering for, or upgrading to, a Professional Account. If any fee is not paid in a timely manner, or LiveBinders is unable to process your transaction using the credit card information provided, or if PayPal is not able to process your transaction, LiveBinders reserves the right to change your LiveBinders account. If you do not bring your LiveBinders balance current within five (5) days after LiveBinders provides you with notification that your account is in arrears, LiveBinders reserves the right to delete some or all of your Content so as to reduce your storage space to below 100 MB, and to convert your LiveBinders Professional Account to a Basic Account (which is subject to the restrictions described above).

If you elect to pay a monthly fee for your Professional account, the monthly fees will be billed from the date you convert to a Professional Account and on each monthly renewal thereafter unless and until you cancel your account. PayPal will automatically bill your credit card each month. In the event your Professional Account began on a day not contained in a given month or year, your monthly subscription will be renewed on the last day of such month. For example, if your Professional Account began on January 31st, February 28th is the next time your subscription will renew.

If you elect to pay an annual fee for your Professional Account, your Professional Account will expire on the anniversary of the date you signed up for the subscription. You will need to renew your subscription one year from your commencement date. LiveBinders may send a reminder email to renew your Professional Account. Click on the link on your "Profile/Account" page to see the date when you will need to renew.

All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account (regardless of whether you have a Basic Account or a Professional Account), whether or not you authorized that activity. You should immediately notify LiveBinders of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of Content, data or files to LiveBinders, it is your responsibility to use a secure encrypted connection to communicate with the Services.

Cancelling Your Professional Account

LiveBinders Professional Accounts are prepaid and are non-refundable. LIVEBINDERS DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your LiveBinders Professional Account at anytime, and cancellation will be effective immediately. You must cancel your Professional Account before it renews each month in order to avoid billing of the next month's fees to your credit card. If you wish to cancel your Professional Account you may do so via your "Account" page. Should you elect to cancel only your Professional Account (and not also cancel your Basic Account), your account will be converted to a Basic Account and you will not be able to upload any more Content to your account if the storage of such Content will exceed the 100 MB storage limit. LiveBinders reserves the right to delete any uploaded content in your account that exceeds the storage limit with or without prior notification.

LiveBinders Privacy Policy

Our storage and use of the information you provide to us during registration and at any other times is subject to our Privacy Policy. For more information, see our Privacy Policy available at http://livebinders.com/welcome/privacy. You understand and agree that by registering for accessing, or otherwise using the Services, you consent to our collection and use of your information in accordance with our Privacy Policy.

Termination

You agree that LiveBinders may, at any time and without prior notice, immediately terminate your LiveBinders account and access to the Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in LiveBinder’s sole discretion and that LiveBinders shall not be liable to you or any third party for any termination of your account or access to the Service, or the loss of access to your Content as a result of such termination..

Disclaimers of Warranty

THE SERVICES ARE PROVIDED ON AN "AS IS,” "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVEBINDERS, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. LIVEBINDERS, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIVEBINDERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “LIVEBINDERS PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIVEBINDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED  OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT WILL LIVEBINDERS PARTIES’ LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES OR YOUR INTERACTION WITH OTHER USERS OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY ACCESS TO OR USE OF THE SERVICES OR ANY PART THEREOF, OR FIFTY DOLLARS, WHICHEVER IS GREATER.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LIVEBINDERS PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to indemnify and hold harmless LiveBinders and its affiliates from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Services, representations made to LiveBinders, other users of the Services, and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. LiveBinders reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LiveBinders, and you agree to cooperate with such defense of these claims.

Digital Millennium Copyright Act Compliance

LiveBinders respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the LiveBinders Service.

LiveBinders has adopted policies to comply with the United States Digital Millennium Copyright Act ("DMCA"). The DMCA may not apply outside the United States but we encourage complaining parties to follow the practices set forth in the DMCA for submitting notifications of claimed infringement.

LiveBinders’s intellectual property policy is to (a) remove material that LiveBinders believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the LiveBinders Service, and (b) remove any user content posted to the Services by “repeat infringers.” LiveBinders considers a "repeat infringer" to be any user that has uploaded user content to the Service and for whom LiveBinders has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) (of the United States Copyright Laws) with respect to such user content. LiveBinders has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon LiveBinders’s own determination.

Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through the LiveBinders Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
  • Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
  • Identification of the specific 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 LiveBinders to locate the material;
  • Information reasonably sufficient to permit LiveBinders to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • 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.

You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

Designated Agent Contact Information. LiveBinders’s Designated Agent for notices of claimed infringement can be contacted at:

Via E-mail: support@livebinders.com

Via U.S. Mail:

LiveBinders, Inc.
2233 Semeria Avenue
Belmont, CA 94002
U.S.A
Attn: Barbara Tallent

Counter Notification

If you receive a notification from LiveBinders that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide LiveBinders with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to LiveBinders' Designated Agent through one of the methods identified above, and include substantially the following information:

  • A physical or electronic signature of the subscriber;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which LiveBinders may be found, and that the subscriber will accept service of process from the person who provided a notification of claimed infringement as set forth above or an agent of such person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

False Notifications of Claimed Infringement or Counter Notifications. The United States Copyright Act provides that:

[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [LiveBinders] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

17 U.S.C. § 512(f).

LiveBinders reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of applicable law.

For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at support@livebinders. Com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about LiveBinders, the operation of the LiveBinders Service or any other matter should be sent to info@livebinders.com

General Terms

Entire Agreement. The Terms constitutes the entire agreement between you and LiveBinders and governs your use of the Services, superseding any prior agreements between you and LiveBinders with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LiveBinders services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms and the relationship between you and LiveBinders shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and LiveBinders agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.

Waiver and Severability of Terms. The failure of LiveBinders to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your LiveBinders account is non- transferable and any rights to your LiveBinders ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. Any assignment attempted to be made in violation of the Terms will be void.

Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to us and the Services, to info@livebinders.com and, with respect to you, to the email address you provide to us during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by posting or publishing such notice on or through the Services. In such case, notice will be deemed given three days after the date of posting. You agree that all notices and other communications that we provide to you electronically satisfies any legal requirement that such notice or communication be in writing.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Copyright/Trademark Information

Copyright © 2006-2013 LiveBinders, Inc. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Site and/or the Services are our property or the property of our third parties affiliates or licensors. You are not permitted to use these Marks without our prior written consent or the consent of such third party who owns the Marks.