Terms of Use
Last Updated: Aug 24, 2023
Please take the time to carefully read and understand the following terms and conditions before utilizing our chat widget, applications, or websites.
These “Terms of Use” (referred to as “Terms”) outline the conditions under which we, the operator of the widget, application, or website (“we” or “us”), will offer our services to you through our chat widgets, applications, and websites, collectively known as the “Service.” In this document, the terms “you” or “your” refer to you as an individual, any entity you represent, your or its representatives, successors, assigns, affiliates, and any devices associated with you or them.
By engaging with, accessing, using, downloading, copying, installing, and/or participating (collectively referred to as “using”) in the Service, you demonstrate your comprehension and acceptance of these Terms. Should you not agree to abide by these Terms, we advise you to refrain from using the service.
IMPORTANT NOTICE ABOUT RESOLVING DISPUTES: These Terms establish a legally binding agreement between you and us. They also incorporate an arbitration provision that may restrict the presentation of certain claims in court or through a jury trial. It is crucial that you read this document thoroughly. In line with the additional clauses for dispute resolution, you are only allowed to bring claims against us individually, and not as part of a class or representative action. Moreover, seeking remedies is restricted to individual claims.
Furthermore, these terms encompass specific limitations on liability, along with legal and health-related disclaimers that curtail our liabilities. In simpler terms, your use of the Service carries inherent risks, and we do not assume any responsibility or provide any explicit or implied warranties concerning the Service.
1. General information
(a) As part of our service, it’s important for you to recognize that we offer and manage a chat widget and associated services for use on third-party websites (“Client Websites”), which are utilized by our clients (“Our Clients”). The chat widget isn’t owned or operated by Our Clients, and similarly, we don’t own or operate the Client Websites. Consequently, we are not accountable for the content found on the Client Websites. Moreover, any services or products you obtain from or through Our Clients are not under our responsibility. While our service can be employed alongside legal, medical, or other professional services, products, or advice, it’s important to note that we do not and cannot offer legal, medical, or other professional services, products, or advice.
(b) It’s essential for you to acknowledge and understand that even though we function as customer service agents on behalf of Our Clients, we are external parties with whom you’re interacting. By engaging in a chat with us and using our Service, you acknowledge that you’re not directly communicating with the operator of the Client Website. Additionally, we have access to and will retain copies of your chat history and other information you provide through the Service. This information may be shared with Our Clients and other entities collaborating with us and Our Clients to provide customer service. By using the Service and accepting these Terms, you indicate your understanding, acceptance, and consent to these practices.
(c) Please be aware that any information we convey to you about Our Clients is derived from the information we receive from them. Therefore, if you have any concerns, issues, or claims arising from the information we provide based on Our Clients’ information, you should directly contact Our Clients to address such matters.
(d) Our Clients, as well as any intermediaries through which we deliver the Service to Our Clients, are distinct third-party beneficiaries of these Terms.
2. Eligibility and accounts
(a) You are prohibited from using the Service in locations where such use is forbidden by law. To further elaborate, you confirm and ensure that you are not situated in a country subject to U.S. sanctions or in a country designated by the U.S. as supporting terrorism. Additionally, you verify that you are not included in any U.S. register of prohibited or restricted individuals.
(b) The usage of the Service is restricted to individuals who are at least 18 years old. Should you be below 18 years old, using the Service is not permitted.
(c) The consideration for your informed acceptance of these Terms is linked to us granting you the right to use the Service as outlined in Section 2 hereof. You acknowledge and agree that this consideration is sufficient, and you have received it as part of your utilization of the Service.
3. Grant of use and termination
(a) We provide you with a limited, non-transferable, and non-exclusive right to access, use, and view the Service, along with all its available content (“Content”), on your personal devices like mobile phones, tablets, or computers. This usage must align with the terms outlined in these Terms.
(b) The Service is designed exclusively for personal use. It is not permissible to engage with the Service for commercial purposes, such as advertising or solicitation for any objectives, or for any other commercial activities.
(c) We hold the right to terminate this grant at our sole discretion and for any reason, with or without prior notice. Following termination, we may take various actions, including blocking your IP addresses, revoking your access to the Service, erasing any of your User Submissions (defined below), or pursuing other reasonable measures as deemed fit by us. You agree not to access or attempt to use the Service after termination. Your right to use the Service will cease upon termination, but other sections of these Terms will continue to apply. It’s important to recognize that we hold no responsibility to you or any third party for the cessation of this right.
(d) Your usage of the Service is also subject to the Service’s regulations, features, and technical limitations, which may be altered from time to time according to our sole discretion. It is prohibited to attempt using the Service in ways not intended or permitted by its design.
4. Intellectual property
(a) The Content, excluding User Submissions and Third Party Content (defined below), which includes textual content, images, photos, music, videos, software, scripts, trademarks, service marks, and logos (collectively referred to as “Proprietary Materials”), is either owned by us or licensed to us. All Proprietary Materials are protected by copyright, trademark, and other applicable laws of various jurisdictions, including both domestic and international regulations. Our rights pertaining to the Proprietary Materials are reserved.
(b) Unless explicitly permitted otherwise, you agree not to engage in activities such as copying, modifying, publishing, transmitting, distributing, participating in the transfer or sale of, creating derivative works from, or otherwise exploiting, in whole or in part, any Content.
5. User submissions
(a) You bear full responsibility for all materials you submit or make available through the Service, which includes but is not limited to images, videos, reviews, communications, or any other information (“User Submissions”). Once submitted, User Submissions may not always be retractable. You should be aware that disclosing personal information within User Submissions could potentially lead to your personal identification.
(b) You hold exclusive responsibility for your User Submissions and any outcomes arising from posting, uploading, publishing, or otherwise providing them through the Service. Regarding your User Submissions, you confirm, represent, and warrant the following: (i) you possess the ownership or necessary licenses, permissions, rights, or consents to use and authorize us to use all information, including trademarks, copyrights, trade secrets, or other proprietary rights, within User Submissions for any and all purposes outlined by the Service and these Terms; and (ii) you possess written consent, release, and/or permission from every identifiable individual within the User Submission to utilize their name, details, and/or likeness, enabling the use of the User Submission for the purposes outlined by the Service and these Terms.
(c) You also commit not to submit material that:
i. Is under copyright, protected by trademark or trade secret laws, or otherwise governed by third-party proprietary rights, including rights to privacy and publicity, unless you are the rightful owner of such rights or have explicit permission from the rightful owner to submit the material and grant us the license rights mentioned herein.
ii. Contains obscene, pornographic, vulgar, illegal, defamatory, fraudulent, harmful, harassing, abusive, threatening, privacy-invading, racially or ethnically offensive, incendiary, or otherwise inappropriate content, as determined by us at our sole discretion.
iii. Depicts unlawful activities, encourages or displays physical harm against individuals or groups, or showcases cruelty towards animals.
iv. Impersonates any person or entity or involves misrepresentation in any form, including creating a false identity.
v. Encourages or provides instructions for criminal activities, violates the rights of any party, or results in liability or breaches any local, state, national, or international law.
vi. Contains unsolicited or unauthorized advertisements, promotions, “spam,” or any form of solicitation.
vii. Violates any other rules, technical limitations, or provisions established on the Service, as determined by us, which may be introduced or updated from time to time at our discretion.
(d) We do not claim ownership or control over User Submissions or Third Party Content. You or the appropriate third-party licensor retain all copyrights to User Submissions, and you are responsible for safeguarding those rights as necessary. By uploading User Submissions, you irrevocably grant us a worldwide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licensable license to reproduce, distribute, adapt, modify, publish, translate, and create derivative works from your User Submissions for the purposes related to your usage of the Service (such as providing your information to the website operator for contacting you and offering additional services). Additionally, you waive any claims of moral rights or attribution against us and our users concerning User Submissions.
(e) You assert and guarantee that you possess all the requisite rights, authority, and power to grant the rights stated in these Terms to your User Submissions. Specifically, you affirm that you have ownership of the User Submissions, have the right to upload them to the Service, and that uploading them will not infringe upon the rights of any other party or violate your contractual commitments to other parties.
(f) You acknowledge that we retain the right, at our sole discretion, to decline publication, remove, or restrict access to any User Submission for any reason or without any reason at all, with or without prior notice.
(g) Without limiting other indemnification clauses herein, you agree to defend us against any third-party claims, demands, suits, or proceedings alleging that your User Submissions or your use of the Service in violation of these Terms infringes or misappropriates the intellectual property rights of a third party or breaches applicable law. You further agree to indemnify us for any damages ultimately awarded against us and for reasonable attorney’s fees incurred by us in connection with such claims, demands, suits, or proceedings.
(h) If you provide us with suggestions for enhancing the Service or introducing new features, you grant us the right to utilize your suggestions without offering any compensation to you.
6. Third-party content and content generally on the service
(a) It is acknowledged and understood that while using the Service, you will come across Content from various sources, including material uploaded by other users and information on the websites where our widget may be utilized (collectively referred to as “Third Party Content”). We do not control or bear responsibility for any Third Party Content or User Submissions. It’s recognized that you might encounter Content that is incorrect, offensive, inappropriate, or otherwise objectionable. By using the Service, you agree to waive any legal or equitable rights or remedies you may have against us in relation to such Content.
(b) It’s recognized and understood that we hold no responsibility for monitoring Our Clients, their websites, or the services or products they provide. If, at any point, we decide at our sole discretion to monitor these aspects, we still bear no obligation to take action and assume no responsibility for the behavior of Our Clients or their services/products.
(c) All Content on the Service is presented to you “AS-IS” and is intended for your personal use and information only. You are prohibited from using, copying, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting Content for any other purpose without the prior written consent of the respective owners or licensors of the Content. Apart from the further disclaimers stated in these terms, we offer no representation or warranty regarding the accuracy or timeliness of the Content on the Service.
(d) Similar to the section above on limitations of liability and disclaimers of warranties, all Content, which includes User Submissions and Third Party Content, provided on the Service is presented “AS-IS” for your personal use and information. You are restricted from using, copying, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting the Content for any other purpose without the prior written consent of the respective owners or licensors of the Content.
(e) It’s acknowledged that we hold the right, at our sole discretion, to reject publication, remove, or restrict access to any Content for any reason or no reason at all, with or without prior notice.
7. General terms for service use
(a) Your utilization of the Service must align with these Terms and any additional agreements governing the provision of the Service to you (which could include separate terms of use for Client Websites). You hold the sole responsibility for acquiring any necessary additional hardware or software required for using the Service.
(b) Except as explained below, you are prohibited from decompiling, disassembling, reverse compiling, reverse assembling, reverse translating, or engaging in any form of reverse engineering with regards to the Service. You must not use any similar methods to uncover the Service’s source code or to reveal any trade secrets or other intellectual property within the Service.
(c) You pledge not to directly or indirectly export or re-export (including through remote access) the Service, or any other information or materials provided by us to you, to any country that demands an export license or other governmental authorization from the United States or any relevant jurisdiction at the time of export, without obtaining the necessary license or approval first. It’s your responsibility to comply with the latest export regulations of the United States or any relevant jurisdiction. In case registering these Terms with a governmental authority is obligatory, you must facilitate such registration and cover any expenses or taxes incurred.
(d) As defined by 48 C.F.R. §2.101, the Service is categorized as a “Commercial Item.” In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, where applicable, the Service is licensed to U.S. Government end users: (a) exclusively as Commercial Items, and (b) with only the rights granted to all other end users as outlined by these Terms.
8. User conduct and covenants
(a) You confirm and guarantee that all the information you provide to us is accurate and up-to-date. Furthermore, you affirm that you possess all necessary rights, authority, and capability to agree to these Terms and fulfill the obligations outlined herein.
(b) You hereby grant us explicit permission to observe, record, and log your utilization of the Service, encompassing your posts, messages, actions, and interactions with the Service.
(c) In conjunction with your use of the Service:
i. You commit to refraining from employing the Service for any unlawful purpose or in any manner prohibited by these Terms.
ii. You pledge to comply with all applicable local, state, national, and international laws and regulations.
iii. You agree not to employ the Service in any way that might subject us to criminal or civil liability.
iv. You accept that you bear full responsibility for all your actions and omissions resulting from your use of the Service.
v. You confirm that any User Submissions you provide to us are your property and that you possess the rightful authority to provide them to us.
vi. You undertake not to create a false identity on the Service.
vii. You vow not to utilize automated methods, including robots, crawlers, data mining tools, or similar means, to download, monitor, or extract data or content from the Service.
viii. You agree not to utilize the Service to gather usernames and/or email addresses for sending unsolicited messages of any nature.
ix. You agree not to take any action that, at our sole discretion, could unreasonably burden or disproportionately strain our technological infrastructure or exert excessive demands on it.
x. You pledge not to “stalk” or engage in harassment of any form towards individuals on the Service.
xi. You vow not to post, link to, or make available on the Service any material containing software viruses or any computer code, file, or program intended to disrupt, damage, restrict, or monitor the functionality of computer software, hardware, or telecommunications equipment.
xii. You undertake not to falsify headers or manipulate identifiers to obscure the source of transmitted information.
xiii. You agree not to disable, evade, or otherwise interfere with security features of the Service or features designed to prevent or limit the use, copying, or enforce restrictions on the Content or the Service’s use.
xiv. You commit not to commercially exploit or provide the Service or its Contents to any third party, through licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or any other means.
xv. You vow not to “frame” or “mirror” the Service.
xvi. You undertake not to reverse engineer any part of the Service.
xvii. You acknowledge that all acts and omissions stemming from your use of the Service are your sole responsibility.
xviii. You agree not to use the Service in any way that jeopardizes the well-being or health of any individual, including yourself.
(d) We retain the right to take appropriate measures against any user for any unauthorized use of the Service. This includes actions such as civil, criminal, and injunctive remedies, as well as the termination of a user’s access to the Service. Unauthorized use of the Service and our computer systems is considered a violation of these Terms and relevant federal and state laws, including the Computer Fraud and Abuse Act.
9. Privacy statement
We maintain a separate Privacy Statement, which includes a disclosure about cookies. By agreeing to these Terms, you confirm that you have read and comprehended the Privacy Statement. We hold the right to modify the Privacy Statement at any time by publishing such revisions on the Service. No additional notifications will be provided to you regarding these changes.
10. Changes to these terms
We reserve the prerogative to modify these Terms at any time by posting the revised Terms on the Service. No further notifications will be given to you concerning these alterations. YOU ACKNOWLEDGE THAT YOUR ONGOING USE OF THE SERVICE AFTER SUCH REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF THE AMENDED TERMS, EVEN IF YOU HAVE NOT ACTUALLY REVIEWED THEM.
11. Indemnification and release
(a) You hereby consent to indemnify us and safeguard us against any and all damages and expenses, including those stemming from third-party claims, which encompass attorney’s fees. These claims may arise due to your utilization of the Service or your breach of these Terms.
(b) In the event of a dispute involving you and one or more other users or any third parties, including Our Clients, you hereby release us, along with our officers, employees, agents, and successors-in-right, from claims, demands, and damages (both actual and consequential) of every type or nature. This release encompasses known and unknown claims, suspected and unsuspected claims, disclosed and undisclosed claims, arising from or in any way connected to such disputes and/or the Service. However, this release doesn’t apply to claims stemming from our gross negligence or willful misconduct.
(c) If you’re a resident of California, you waive the provisions of California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, and that if known by them, would have materially affected their settlement with the debtor.”
(d) All the provisions mentioned above shall be interpreted to also benefit our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors, and assigns.
12. Disclaimer of warranties and limitations of liabilities
(a) PLEASE READ THIS SECTION THOROUGHLY AS IT LIMITS OUR LIABILITY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
(b) The Service might contain links to third-party websites or applications that are entirely separate from us. These could be found on third-party websites and applications that are also completely independent of us (e.g., Client Websites). We take no responsibility for the content, privacy policies, practices, services, and products of such third parties. We also don’t guarantee the accuracy, completeness, or authenticity of information found on any third-party websites or applications. We lack the right or capability to edit the content of such third-party websites or applications. You recognize that we hold no liability for any issues arising from your use of any third-party websites or applications, or any of their policies, practices, services, or products.
(c) The Service is provided “AS-IS” and without any form of warranty or condition, be it express, implied, or statutory. We explicitly disclaim any implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of information, timeliness, integration, interoperability, or quiet enjoyment. We also disclaim warranties related to viruses or other harmful components associated with the Service.
(d) UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES). SUCH DAMAGES CAN ARISE FROM ANY ASPECT OF YOUR USE OF THE SERVICE, INCLUDING USE, MISUSE, OR INABILITY TO USE THE SERVICE, RELIANCE ON CONTENT WITHIN THE SERVICE, INTERRUPTIONS, SUSPENSION, MODIFICATION, ALTERATION, COMPLETE DISCONTINUANCE OF THE SERVICE, OR TERMINATION OF THE SERVICE BY US. THESE LIMITATIONS ALSO EXTEND TO DAMAGES ARISING FROM OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICE.
(e) WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL OPERATE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIALS THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE RECTIFIED.
(f) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY OTHER COMPLAINT SHALL BE THE CESSATION OF YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL OUR MAXIMUM LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE EXCEED TWO HUNDRED DOLLARS ($200) IN TOTAL.
(g) All the above provisions shall be construed to also apply for the benefit of our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors, and assigns.
13. Disputes
(a) To the fullest extent permitted by applicable law, these Terms, along with any claim, cause of action, or dispute that may arise between you and us, are subject to the laws of the State of Florida without consideration of conflict of law principles. Except as stated in Subsection (b) below, YOU AGREE TO SUBMIT AND CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED WITHIN OR SERVING JACKSONVILLE, FLORIDA FOR ANY CLAIM BROUGHT BY EITHER PARTY. HOWEVER, IN THE EVENT THAT WE NEED TO BRING AN ACTION AGAINST YOU FOR OR IN CONNECTION WITH YOUR INDEMNIFICATION RESPONSIBILITIES UNDER THESE TERMS, SUCH ACTION MAY BE FILED IN THE JURISDICTION FROM WHICH THE INDEMNIFICATION CLAIM ARISES.
(b) Any controversies, disputes, actions, causes of action, or other claims arising between you and us related to these Terms or your use of the Service (a “Controversy”) shall be resolved through binding arbitration by a single neutral arbitrator. The arbitration will adhere to the JAMS Streamlined Arbitration Rules & Procedures (with modifications expressly specified here). The arbitrator should have experience in handling commercial disputes similar to the subject of the arbitration. The arbitration proceedings will be held in Jacksonville, Florida, or another location agreed upon by both parties. The arbitration will be conducted following the laws of the State of Florida. The arbitrator can issue a default decision if any party fails to participate in the arbitration. The arbitrator’s decision regarding the disputed matters in the Controversy will be final, binding, and non-appealable, and a court with jurisdiction may enter judgment based on the award. This clause serves to expedite and cost-effectively resolve Controversies, and it may lead to the dismissal of any court action related to these Terms, except for cases seeking post-arbitration enforcement of an award, injunctive relief for breach or threatened breach of these Terms, or a small claims action. The arbitration proceedings will be conducted in English. By accepting these Terms, you waive your right to a jury trial for any Controversy. This provision remains enforceable even if arbitration clauses or other parts of these Terms are waived.
(c) Despite the above, claims related to defamation, violation of the Computer Fraud and Abuse Act (or its successor), and claims for infringement or misappropriation of intellectual property rights (including patents, copyrights, trademarks, and trade secrets) are not subject to mandatory arbitration.
(d) YOU AGREE THAT YOU CAN BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF A CLASS ACTION. As part of your acceptance of these terms, you waive any right to a trial by jury for any dispute between you and us arising from or related to these Terms or the Service. This provision remains valid even if arbitration clauses or other sections of this agreement are waived.
14. Closing your account (Cancellation)
These Terms of Service remain in effect unless terminated by either party – you or us. You can terminate these Terms of Service whenever you choose by informing us that you no longer wish to use our Services or by ceasing to use our platform.
TheLiveForce reserves the right to terminate or suspend your use of the service and your TheLiveForce account at its discretion, with or without cause, and with or without notice, effective immediately. This includes instances where you breach these Terms. We have the sole authority to determine whether you have violated any of the restrictions outlined in these Terms.
Upon termination of your account, you acknowledge and agree that we may permanently delete your account, and all associated data.
Any obligations and liabilities incurred by the parties before the termination date shall continue to apply even after this agreement is terminated, for all intents and purposes.
15. General provisions
(a) Merger. These Terms, subject to amendments, constitute the entire agreement between you and us, supplanting all previous agreements and requiring our written consent for modifications.
(b) Waiver. Our failure to enforce any provision of these Terms doesn’t imply a waiver of any provision or right.
(c) Severability. If any part of these Terms is found invalid or unenforceable under applicable law, it will be replaced by a valid, enforceable provision that closely aligns with the original intent. The remaining parts of the agreement will remain in effect.
(d) Third Party Rights and Obligations. Unless explicitly stated, nothing here intends to grant rights, remedies, obligations, or liabilities to any third party.
(e) Assignment. You cannot assign, transfer, or sublicense these Terms without our prior written consent. However, we can assign or transfer them without restriction.
(f) Notice. We may provide notices via email, regular mail, or postings on the Service.
(g) Construction. Section titles in these Terms are for convenience and have no legal effect. The term “including” is illustrative, not limiting.
(h) Translations. In case of any conflict between translations and the English version of these Terms or other documents, the English version prevails.
(i) Consumer Information. Our details are:
560 Village Blvd.
Suite 120 #3,
West Palm Beach, FL 33409,
[email protected]
(800) 919-7739