2Be Live Terms of Use

Last Modified: 19 September 2020

IMPORTANT, READ CAREFULLY: THE ACCESS TO AND USE OF THIS APPLICATION AND ANY ASSOCIATED CONTENT, SERVICES OR SOFTWARE (COLLECTIVELY, THE “SERVICES”) OFFERED BY 2BE LIVE CORPORATION AND ITS AFFILIATES (“2BE LIVE”, “WE” OR “US”) IS SUBJECT TO YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS, TOGETHER WITH ANY DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE (COLLECTIVELY, “TERMS OF USE”). THE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE SERVICES, WHETHER AS A GUEST OR A REGISTERED USER AND ARE ENTERED INTO BY AND BETWEEN YOU AND 2BE LIVE CORPORATION.

IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, FOUND AT GO.2BELIVE/2MUNDOS/AUTH/PRIVACY AND INCORPORATED HEREIN BY REFERENCE, YOU MUST NOT ACCESSOR USE THE SERVICES. BY CHECKING/CLICKING THE “I ACCEPT’’ BUTTON, USING OR ACCESSING THE SERVICES, YOU ARE AGREEING AND ACCEPTING TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCLUDING YOUR AGREEMENT TO ARBITRATE CLAIMS. NONE OF THE SERVICES ARE AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS. PLEASE READ CAREFULLY BEFORE ACCEPTING AND ACCESSING OR STARTING TO USE THE SERVICES.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Application. Your continued use of the Services following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

ACCESSING THE SERVICES AND ACCOUNT SECURITY

System Requirements.

Accessing and using the Services involves the use of one or more compatible devices (hardware), software (which may include the installation of an application if accessing through a mobile device) and access to the Internet (we recommend high speed) as well as any required upgrades or updates from time to time (collectively “System Requirements”), all of which may affect Your ability access and use the Services, and for all of which fees may be required. You acknowledge and agree that System Requirements may change from time to time and are Your responsibility. Likewise, You are responsible for ensuring that all persons who access the Services through Your internet connection, hardware or software are aware of these Terms of Use and comply with them.

Authorized User Account.

To access the Services or some of the resources it offers, You may need to create an account (“Authorized User Account”) for which You may be asked to provide certain registration details or other information and agree with out Terms of Use and Privacy Policy. It is a condition of Your use of the Services that all the information You provide on the Services is correct, current, and complete. You agree that all information You provide, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

Minor Representative User Accounts.

The Services are not offered or available to users who are under the age of 18 years (“Minors”). Minors will only be permitted to access educational content on the Services through an Authorized User Account created by the Minor’s parent or legal guardian, or educational institution following written consent from the minor’s parent or legal guardian (each, a “Minor Representative User Account”) and in accordance with applicable laws and regulations. No photographs, physical addresses, names, contact information and/or any other form of Personal Data of Minors will be submitted, uploaded and/or otherwise input to the Services. By using the Services, You represent and warrant that You are of legal age to form a binding contract with 2Be Live and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Services.

Access Credentials.

If You choose, or are provided with, a user name, password, or any other piece of information as part of our security or registration procedures (“Access Credentials”), You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Services or portions of it using Your Access Credentials or other security information. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

Security Incident.

You agree to notify us immediately of any unauthorized access to or use of Your Access Credentials or in the event of any threat of or suspected or actual compromise, breach of security other breach of security (“Security Incident”) in writing at privacy@2belive.net. We have the right to disable any Access Credentials or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use. We reserve the right to withdraw or amend our Services, in part or in full, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of or all the Services to users, including registered users.

MOBILE APPLICATIONS

Use License. If you access or use the Services through our mobile application, then we grant you a revocable, non-exclusive, non-transferable and limited right to install and use our mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions contained in these Terms of Use.

Apple and Android Devices. When You access or use the Services through a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”), the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service. In the event of any failure of the mobile application to conform to any applicable warranty, You may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.

You undertake to comply with applicable third-party terms of agreement when using the mobile application, e.g., if You have a VoIP application, then You must not be in violation of their wireless data service agreement when using the mobile application. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.    

2Be Live is responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms of Use or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.

TRADEMARKS; INTELLECTUAL PROPERTY

2Be Live name, and all related names, logos, product and service names, designs, and slogans are trademarks of 2Be Live or its affiliates or licensors. You must not use such marks without the prior written permission of 2Be Live. All other names, logos, product and service names, designs, and slogans on these Services are the trademarks of their respective owners.

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by 2Be Live, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit You to use the Services for Your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

Unless specifically authorised in writing by us, You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

    • Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.

    • You may store files that are automatically cached by Your Web browser for display enhancement purposes.

    • You may print or download one copy of a reasonable number of pages of the Services for Your own personal, non-commercial use and not

for further reproduction, publication, or distribution.

    • If we provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device

solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.

    • If we provide social media features with certain content, You may take such actions as are enabled by such features.

You must not:

    • Modify copies of any materials from this site.

    • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

    • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, Your right to use the Services will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Services or any content on the Services is transferred to You, and all rights not expressly granted are reserved by 2Be Live. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

If You wish to make any use of the Services or any material on the Services other than that set out in this section, please address Your request to contact@2belive.net.

PROHIBITED USES

You may access or use the Services only for lawful purposes, and in accordance with these Terms of Use. You agree not to access or use the Services:

    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

    • In a high risk or hazardous environment.

    • 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 send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation.

    • To impersonate or attempt to impersonate 2Be Live, a 2Be Live employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

    • To engage in any other conduct that restricts or inhibits anyone use or enjoyment of the Services, or which, as determined by us, may harm 2Be Live or users of the Services, or expose them to liability.

Additionally, You agree not to:

    • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

    • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

    • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

    • Use any device, software, or routine that interferes with the proper working of the Services.

    • 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 Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.

    • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

    • Otherwise attempt to interfere with the proper working of the Services.

USER CONTENT

The Services may contain, according to Your account settings, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Services.

All User Content must comply with the Content Standards set out in these Terms of Use.

Any User Content You post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Services, You represent and warrant that You own or control all rights in and to the User Content and You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, a worldwide, royalty-free, perpetual and irrevocable right to use, reproduce, modify, perform, display, distribute, disclose to third parties and perform all acts with respect to User Content as may be necessary for us to provide, monitor, measure, evaluate or improve the Services, without compensation to You and/or the owners of any such material.

You understand and acknowledge that You are responsible for any User Content You submit or contribute, and You, not 2Be Live, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant You own or control all rights in and to such content. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by You or any other user of the Services.

CONTENT STANDARDS

These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

    • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

    • Be likely to deceive any person.

    • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

    • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

    • Impersonate any person, or misrepresent Your identity or affiliation with any person or organization.

    • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

    • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You accept that 2Be Live acts as a passive conduit for the distribution, presentation, provision, and/or publication of third-party generated User Content, and have no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content.

Notwithstanding the foregoing, although we have no obligation to screen User Content, to the extent that we are made aware of User Content that: (i) may or does violate the terms of this Agreement, applicable Laws, and/or the rights of third parties, (ii) may create liability for 2Be Live, and/or (iii) is inappropriate for any other reason in 2Be Live’s sole discretion, Customer accepts that 2Be Live may reject and/or remove such User Content, and/or suspend and/or terminate this Agreement and/or access to the Services with respect to any Authorized User associated with such User Content, each without any penalty or liability to Customer or any third-party.

2Be Live reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with (i) the operation and provision of the Services, (ii) to enforce the terms of this Agreement, (iii) to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, and the like, and/or (iv) to protect 2Be Live’s interests. For the avoidance of doubt, Customer agrees that 2Be Live has the right to disclose the identity of Customer and/or any Authorized User to law enforcement, regulatory agencies and/or any other third party, including, without limitation, those who claim that User Content and/or activity using the Services, is fraudulent, false, misleading, infringing and/or constitutes a violation of applicable Laws and/or this Agreement.

If You believe that any User Content violate Your copyright, please contact us on legal@2belive.net. It is the policy of 2Be Live to terminate the user accounts of repeat infringers.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Services, or by anyone who may be informed of any of its contents.

This Services may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by 2Be Live, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of 2Be Live. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SERVICES

All information we collect on this Services is subject to our Privacy Policy. By using the Services, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.

LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Services may provide certain social media features that enable You to:

    • Link from Your own or certain third-party Services to certain content on this Services.

    • Send emails or other communications with certain content, or links to certain content, on this Services.

    • Cause limited portions of content on this Services to be displayed or appear to be displayed on Your own or certain third-party Services. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, You must not:

    • Establish a link from any Services that is not owned by You.

    • Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

    • Link to any part of the Services other than the homepage.

    • Otherwise take any action with respect to the materials on this Services that is inconsistent with any other provision of these Terms of Use.

The Services from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE SERVICES

If the Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party services linked to our Services, You do so entirely at Your own risk and subject to the terms and conditions of use for such services.

GEOGRAPHIC RESTRICTIONS

2BE Live is based in the State of Delaware in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AT YOUR OWN OPTION AND RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 2BE LIVE DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES.

WITHOUT LIMITING THE FOREGOING, 2BE LIVE DOES NOT WARRANT: THAT ANY USER CONTENT IS ACCURATE, RELIABLE OR CORRECT; OR THAT THE SERVICES WILL MEET CUSTOMER’S OR AUTHORIZED USERS’/CUSTOMER END USERS’ REQUIREMENTS; OR THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES; OR THAT THE SERVICES WILL BE FREE OF HARMFUL CODE OR VIRUSES. CUSTOMER ACCEPTS that 2Be Live is not responsible FOR and has no liability, for User Content. ANY CONTENT DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT CUSTOMER’S AND AUTHORIZED USERS’/CUSTOMER END USERS’ OWN RISK. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR ANY OTHER HARDWARE EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

LIMITATION ON LIABILITY

The following applies to the fullest extent not prohibited by applicable Laws: IN NO EVENT WILL 2BE LIVE BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, WITH RESPECT TO THE SERVICES OR THIS AGREEMENT FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) LOST BUSINESS, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER 2BE LIVE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL 2BE LIVE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES AGREEMENT OR THE SERVICES, UNDER ANY LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO 2BE LIVE UNDER THE SERVICES AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless 2Be Live, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Services, including, but not limited to, Your User Content, any use of the Services content, services, and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from the Services.

BINDING ARBITRATION

You agree to submit any disputes arising from these Terms of Use or access to or use of the Services, to final and binding arbitration on an individual basis only and under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both available at www.adr.org. This includes any disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination. In case of conflict with AAA’s rules, this Agreement shall govern. YOU UNDERSTAND AND ACCEPT THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

As part of the best efforts process to resolve any dispute arising from these Terms of Use, access to or use of the Services, the Parties agree to provide written notice to the other Party with description of the dispute and requested resolution, and will attempt to negotiate any dispute informally for at least thirty (30) days following this notice, before initiating any arbitration proceedings.

The Parties also agree to waive any right to act or propose to act in a representative capacity to bring any action, proceeding or lawsuit as a class or collective action, private attorney general action or any other proceeding. If this waiver is found to be unenforceable or illegal as to all or some parts of any dispute, such parts will not be resolved through arbitration, but the balance will.

GOVERNING LAW AND JURISDICTION

All matters relating to the Services and these Terms of Use, shall be governed by and construed and enforced in accordance with the laws of the State of California without regard to its conflict of law principles. All disputes with respect to these Terms of Use shall be resolved in the state or federal courts or in an arbitration proceeding located in Los Angeles County, California, and the Parties waive any right to seek transfer or dismissal for lack of proper venue, personal jurisdiction, or convenience of any Party or witness. If you are not located in the US, we retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USEOR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

In the event that any provision set out in these Terms of Use is held to be invalid under law, such invalidity will not invalidate the remaining provisions of the Terms of Use. We will amend the invalid provision with one that is valid. No failure by either of us to exercise, or to delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by either of us preclude any other or future exercise of that right or any other right hereunder by the exercising party.

ENTIRE AGREEMENT

This Agreement, constitutes the entire agreement between the Parties concerning the subject matter hereof, and supersedes all prior and contemporaneous agreements, proposals, oral or written, and all other communications between the Parties with respect to the subject matter hereof, except if the Parties have executed a separate written agreement or order from referencing a separate agreement governing the use of the Services, in which case such agreement will govern to the extent that any provision in this Agreement conflicts with the terms of such agreement.

YOUR COMMENTS AND CONCERNS

Any feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: contact@2belive.net.