Terms   Conditions


TERMS OF ACCESS AND USE



CREO Holdings, LLC and LivingProSports, (“LPS”) offers this website (this “Site”) for your use subject to your acceptance, without modification, of the following terms and conditions (these “Terms and Conditions”). By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions, and to comply with all applicable laws and regulations. The materials provided on this Site are protected by laws, including, but not limited to, United States copyright law and international treaties.

These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with LPS for products, software, services or otherwise, unless otherwise directed by LPS. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.


USE RESTRICTIONS



Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of CREO Holdings, LLC and Living Pro Sports © 2016, ALL RIGHTS RESERVED, or by third parties. Permission is granted to display, copy, distribute, and download the materials on this Site for permitted use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for any other use, except as may be granted herein, without the prior written approval of LPS. You may not “mirror” any material contained on this Site on any other server without prior written permission from LPS. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, and communications regulations and statutes. We respond to notices of alleged copyright infringement and terminate the use of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of CREO Holdings, LLC and Living Pro Sports, 30799 Pinetree Road, Box 269, Pepper Pike, OH 44124. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of LPS, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LPS. Other company names and other product or service names or designations referenced on this Site may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of LPS or the Trademark owner, all rights reserved. Nothing in these Terms and Conditions shall confer any right of ownership of any of the Trademarks. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of LPS or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.

Official Use Only. You are to use the Site only as permitted herein and for official purposes related to LPS’ business with your organization. All other uses are strictly prohibited.

Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray LPS or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any LPS trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without LPS’ express written consent. If any, links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. LPS has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, security policies or lack thereof. LPS does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that LPS 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 the use of or reliance on any such third party sites.

Downloadable Materials. If any portion of this Site enables you to download any materials, you may download such material as permitted solely for your personal, lawful, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. If the downloaded material contains additional terms and conditions, then your use of that downloaded material will be governed by the provisions of those additional terms and conditions, as well as by these Terms and Conditions. The installation or use by you of any downloaded material that includes additional terms and conditions will constitute your acceptance of those additional terms and conditions.

You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer, any downloaded material, without the express written consent of the owner of the downloaded material. For example, and without limiting the foregoing, you may not remove or modify any copyright, trademark, or other proprietary notice displayed on any downloaded material, nor may you transmit or otherwise transfer any downloaded material to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise.

Limited Access. Except as otherwise expressly permitted by LPS, any access or attempt to access other areas of the LPS computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on this Site or the content contained therein without LPS’ prior, express, and written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

Access Credentials. LPS has issued you a username and password, which you may use to access the Site. The username and password are provided on a confidential basis. You must not disclose your username and password to any other individual, whether or not they are part of the same organization. You are obligated to protect your username and password. If you become aware that your username and password have become compromised you are obligated to contact LPS immediately to report the breach and obtain new access credentials. If you are accessing the Site on behalf of an organization, you warrant and represent that you are authorized to do so and that you understand and agree that you are binding such organization to these Terms and Conditions.

Additional Use Restrictions. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by LPS (the “Services”) which, in the sole judgment of LPS: (i) is in violation of any local, state, federal or non-United States law or regulation, and/or (ii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. In addition, you may only use the Services in a manner that, in LPS’ sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact LPS at Lori@LivingProSports.com.

By joining as a registered member, the user agrees not to compete with LivingProSports for a period of five (5) years. The term “not to compete” shall mean that the user shall not directly or indirectly compete with the Company, LivingProSports, by serving as an officer, owner, partner, director, agent, employee or consultant to any firm ore entity substantially engaged in a business similar or competitive to the business of the LivingProSports.


DISCLAIMER OF WARRANTY



This Site and its contents are provided "as is"; LPS makes no representation or warranty of any kind with respect to this Site or any website or service accessible through this Site.

LPS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT RELATING TO MATERIALS OR CONTENT INCLUDED ON THIS SITE.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.


LIMITATION OF LIABILITY



When permitted by law, in no event will LPS, or other third parties mentioned at or in this Site be liable to any party for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages.


GOVERNING LAW, JURISDICTION, VENUE



LPS maintains this Site in the State of OHIO, U.S.A. and you agree that these terms of use and any legal action or proceeding relating to this Site shall be governed by the laws of the State of Ohio, without reference to any jurisdiction’s choice of law rules. If you attempt to bring any legal proceedings against LPS relating to this Site, you specifically acknowledge that LPS is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this Site to choose the laws of the State of Ohio to govern any such proceedings, we will probably choose to defend any such action in Ohio and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this Site. In regards hereto, and unless otherwise stated or chosen by LPS, all claims arising out of or relating to these Terms and Conditions or the Site will be litigated exclusively in the federal or state courts of Cuyahoga County, Ohio, U.S.A., and you and LPS consent to personal jurisdiction in those courts. Your use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions, including, but not limited to, the provisions of this paragraph.


ADDITIONAL RIGHTS AND RESTRICTIONS



(1) You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these Terms and Conditions. (2) We reserve all rights relating to this Site or the materials contained therein not expressly granted to LPS by these Terms and Conditions. (3) If any provision of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms and Conditions. (4) No waiver by LPS of any provision hereof, and no failure by LPS to exercise any of its rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by authorized officer of LPS. (5) LPS may at any time, in its exclusive discretion and without notice, make additions, deletions, or other modifications to, or suspend or terminate access to, this Site, or any other materials provided therein (6) The headings used in these Terms and Conditions are for convenience only and will in no way affect the scope or construction of any provision hereof.


MODIFICATION AND ACCEPTANCE OF TERMS AND CONDITIONS



You acknowledge that your use of this Site constitutes your acceptance of and agreement to abide by these Terms and Conditions. These Terms and Conditions may be modified by LPS at any time, without prior notice, upon posting of the entire amended and restated Terms and Conditions on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications.


ENTIRE AGREEMENT



These Terms and Conditions, as modified from time to time by LPS and accepted by you in accordance with the provisions of the preceding paragraph, constitute the entire agreement between you and LPS with respect to your use of this Site and the materials provided therein. In any proceeding to settle a dispute between you and LPS regarding your use of this Site or the materials provided therein or regarding these Terms and Conditions, as modified, if applicable, a printed version of these Terms and Conditions, as modified, if applicable, and of any electronic notice given by us to you, will be admissible to the same extent as other documents and communications originally generated or maintained in printed form.

If there has been any infringement, please contact us at Lori@LivingProSports.com to remove the material.



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