Terms of Use

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Terms of Use/Privacy Policy

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE LIVING THE TRUTH™ WEBSITE (“SITE”).

By accessing or using this Site, you (hereinafter, “You” or “you”) hereby confirm your agreement to these Terms and the related Privacy Policy (as made part of same by this reference) as published herein by Living the Truth, LLC (“LTT”), the owner and operator of this Site.  In the event for any reason you do not agree to all of these Terms, please cease all usage of this Site.  LTT undertakes reasonable efforts to include up-to-date and accurate information on this Site but makes no representations or warranties as to the same.  This Site may contain health, medical or other related materials that are medically graphic or sexually explicit nature.  If you find these materials offensive, you may not want to use this Site. LTT reserves the right to delete, edit, modify, or supplement the content on this Site for any reason or at anytime without prior notification.  Additionally, LTT may also without prior notification discontinue or suspend any portion of the Site at any time.

LTT may bar you from future use of the Site or terminate your right to use of the Site, cancel any existing order for goods/services and/or take any appropriate legal action against you for any violation by you of the stated Terms. 

In some instances, both these Terms and a separate guidelines document or end Member license agreement setting forth additional conditions may apply to the purchase of any goods and/or services offered through this Site (“Additional Terms”).  In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly disclaim the same. 

NO PERSONALIZED PROFESSIONAL HELP PROVIDED HEREIN

The contents of this Site including, without limitation, Member Content (as defined herein), text, graphics, images, information obtained from licensors and other materials contained on the Site (together, the “Site Content”) are for informational and entertainment purposes only.  Such Site Content is not intended to be a substitute for intended to replace or substitute for any professional medical, legal, financial or other professional advice. LTT recommend that you always seek the advice of your physician, lawyer, accountant or other qualified professional with any personal questions you may have regarding a medical condition, legal issue, financial matter or other personal problem.  In addition to the “Warranty/Disclaimer” and “Limitations on Liability” paragraph herein, LTT make no representations or warranties and expressly disclaims any and all liability concerning any treatment or action taken by any person following the information provided or offered on the Site.

TRADEMARKS/COPYRIGHTS/INTELLECTUAL PROPERTY

LIVING THE TRUTH™ is a trademark of LTT (the “Mark”).  All other trademarks or services mark are either owned by LTT or used with permission.  
The Mark is protected by the laws of the United States and other nations.  No use of the Mark may be made without LTT’s express prior written authorization except for the sole purpose of identifying goods/services originating from LTT. All other uses of the Mark are expressly prohibited.

All binary files, graphics, logos, images, sounds and text published on this Site are the sole and exclusive property of LTT.  Subject to your compliance with these Terms and/or any Additional Terms as herein after defined, LTT grants you personally a limited, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access, download, view, use and/or play a single copy of any Site Content (excluding any protected object and source code) provided that (a) a notice is affixed to any copies so printed or distributed, that the information contained therein indicates that the page or pages were copied from this Site; (b) the appropriate copyright notice, namely, “© Copyright 2009 Living the Truth, LLP.  All Rights Reserved” and any trademark or other proprietary notices appears on all copies; (c) the use of the information is for non-commercial personal or third party usage only; (d) the information is not altered in any manner; and (e) the  graphics and/or images from this Site are not used separately from the accompanying text.  Nothing contained herein shall be construed as conferring any right or license to any intellectual property owned or licensed by LTT.

Subject to express authorization in the Terms and/or the Additional Terms, you further agree that you will not modify, reproduce, archive, transfer by any means, create derivative works from, publish in any form (online or offline), disseminate, or circulate to any third-party, or otherwise use the Site Content in any way other than set forth herein and for no public or commercial purpose.

ANY UNAUTHORIZED COPYING, DISTRIBUTING, DOWNLOADING, DUPLICATING, MODIFICATION, POSTING, USE, REPRODUCTION, REPUBLISHING, TRANSMITTING, UPLOADING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE SITE CONTENT IS STRICTLY PROHIBITED WITH PERMISSION.

DIGITAL MILLENNIUM COPYRIGHT ACT

In the event that you desire to make a claim with LTT based upon copyright infringement pursuant the Digital Millennium Copyright Act relating to graphics, images and text which are you believe are illegally residing on this Site, please promptly send correspondence to LTT at  100 Cummings Center Suite 314G Beverly, MA 01915 with the following information:
Any and all claims must include the following information:

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are to be covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and what is sought to be removed or to which access to is sought to be disabled, and information reasonably sufficient to permit LTT to locate the allegedly infringing material;
• Information reasonably sufficient to permit LTT to contact you including, without limitation, 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 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 any information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of the exclusive right that is allegedly infringed; and
• A physical and/or electronic signature of a person authorized you to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements above, please note that your notice to LTT under the Digital Millennium Copyright Act may be deemed invalid.

LTT expressly reserves the right to terminate you or any other users or Members who are repeat infringers in accordance with theses Terms.  For the purposes of these Terms, “repeat infringers” are users or members who has been notified of offending activity more than twice and/or have had any Member Content (as defined below) removed from the Site more than twice.  It is in LTT’s sole discretion as to whether any Member Content is appropriate and whether such Member Content complies with Terms herein. 

Member Content

This Site allows registered members to submit written works, photos, videos or other content (“Member Content”) and the hosting, sharing, and/or publishing of such Member Content. LTT does not guarantee the confidentiality of the same whether or not any such Member Content is actually published.  LTT expressly disclaims any and all liability in connection with any published Member Content published and does not endorse any opinion, recommendation, or advice expressed in any Member Content.  You are solely responsible for any legal consequences relating to the posting or publication of your Member Content.  As to all Member Content, you affirm, represent, and/or warrant that:  (i) you own or have the necessary consents, licenses, permissions to use and/or rights to post or publish the same and grant a non-exclusive license to LTT to utilize any Member Content on a royalty free basis all intellectual property rights including, without limitation, all patent, trademark, trade secret, copyright or other proprietary rights in and to all Member Content to enable inclusion and use of such Member Content on this Site; and (ii) you have obtained and retained the written consent, release and/or permission of each and every identifiable person in any Member Content posted as necessary to enable the use the name or likeness of each and every such identifiable person to enable inclusion and use of the Member Content, all for use in the manner contemplated by this Site and in accordance with these stated Terms. 

Ownership rights to any Member Content you submit remains your property regardless of the posting or publication of the same on the Site.  Upon posting or submission, you hereby grant LTT a worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, edit, reproduce, distribute, prepare derivative works of, display, and perform all Member Content in connection with this Site and LTT’s business (and any successor’s business) including, without limitation, utilizing the same for purposes of promoting and redistributing part or all of this Site (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant other registered members of this Site a non-exclusive license to access your Member Content through the Site, and to use such Member Content as permitted through the functionality of the Site and under these Terms.  This limited license granted by you to other registered members shall cease upon removal or deletion of any Member Content from this Site.

Copyright infringement and infringement of any other intellectual property rights is prohibited on this Site.  You agree not to: (i) submit any materials as part of any Member Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner or the licensee of such rights from their rightful owner of the same to post the material and can grant to LTT all of the license rights required  herein; (ii) publish misrepresentations as part of any Member Content which may damage LTT or any third party; (iii) submit any content that is defamatory, ethnically or radically offensive, harassing, hateful, libelous, obscene, pornographic or threatening, or otherwise unlawful, or encourages or endorses conduct that would be considered to give rise to civil liability, any criminal offense, violate any law, or otherwise be deemed inappropriate; (iv) post commercial advertisements or solicitations for business; or (v) impersonate any other person. 

LTT expressly reserves the right to remove without notice any Member Content upon receipt of actual notice that such Member Content in part or whole infringes on another’s proprietary rights.

You understand and acknowledge that LTT is not responsible for the accuracy, safety or usefulness of any Member Content on this Site nor is LTT responsible to pre-screen any Member Content.  You further understand and acknowledge that you may view Member Content that is inaccurate, indecent, objectionable or offensive. You affirmatively agree to waive, any and all legal or equitable rights or remedies you have or may have against LTT with respect thereto and  agree to indemnify and hold LTT, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding the viewing and/or usage of this Site or any Member Content accessible therein.

USE RESTRICTIONS

You are solely responsible for your interaction with other members of this Site, whether online or offline.  LTT is not responsible or liable for the conduct of you or any other member.  We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Members or members.

WARRANTY/Disclaimer

THIS SITE, ALL CONTENT THEREON AND THE SERVICES PROVIDED THEREIN ARE OFFERED OR PROVIDED “AS IS”, “WHERE IS” AND “WHERE AVAILABLE” AND WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK.  THIS DOES NOT AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, LTT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.  LTT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT OF THIS SITE INCLUDING, WITHOUT LIMITATION, ANY MEMBER CONTENT OR OTHER CONTENT LINKED HERETO AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED ON THE SITE OR IN ANY MEMBER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LTT’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE, AND/OR (V) ANY OMISSIONS IN ANY CONTENT ON THE SITE OR CONTAINED IN ANY MEMBER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON THIS SITE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SAME. FURTHER, LTT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY LINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LTT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATIONS ON LIABILITY

IN NO EVENT SHALL LTT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE INCLUDING, WITHOUT LIMITATION, ANY HARM CAUSED BY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED ON THE SITE OR CONTAINED IN ANY MEMBER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITE OR IN ANY MEMBER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT  MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF LTT HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL LTT BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER RELATING TO YOU AND USAGE IF THIS SITE IN ANY AMOUNT GREATER THAN FIFTY DOLLARS ($50) OR IF LOWER, THE MINIMAL DAMAGES SET BY ANY STATE LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT LTT SHALL NOT BE LIABLE FOR MEMBER CONTENT OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT ANY AND ALL RISK OF HARM OR DAMAGE THEREFROM RESTS ENTIRELY WITH YOU.

LTT DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES.  YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE  SITE OR ANY CONTENT INCLUDING ANY MEMBER CONTENT THEREIN.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THIS OR ANY RELATED SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY LTT OR YOUR UPLOAD OF MEMBER CONTENT, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY LTT SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR MEMBER CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

BY ACCESSING THIS  SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, LTT, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms including, without limitation, the Privacy Policy as incorporated therein or any law or regulation. LTT reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with LTT in asserting any available defenses.  You hereby agree to in no event settle any claim without the prior written consent of LTT.

NO THIRD PARTY ENDORSEMENTS

Without prior notification, any and all unauthorized links or any approved links which thereafter contain infringing or dilutive content or obscene, defamatory or disparaging content will be automatically terminated.  Without LTT’s express written permission, you may link only to the home page of this Site and any such link must be in plain text.  All other links are expressly prohibited.  All linked pages to this Site shall not damage, dilute or tarnish the goodwill of LTT, this Site or any Site Content and no link shall create the false appearance that the linked Site or organization is sponsored, endorsed by, affiliated or associated with LTT.  Under no circumstances shall any linking party “frame” or create a border around this Site or attempt to alter any Site Content in any way.  Links from the following are expressly prohibited: other websites which are or contain content that is unlawful, abusive, indecent or obscene or promote violence or illegal acts, contain expressions of racism, or are libelous, defamatory, scandalous, or inflammatory or is other inappropriate.  LTT reserves the right to terminate any and all links that it, in its sole discretion, deems inappropriate as set forth herein.

This Site may provide hyperlinks or links to third-party web sites and certain areas of the Web Site may allow you to conduct transactions or purchase goods or services from or through a third-party. 

Any links or references which are provided to other websites by LTT are provided solely as a convenience to you and shall not be considered or construed as an endorsement, representation(s) or promotion by LTT.  Since LTT has not reviewed these linked websites nor any content, privacy policies, representations or terms of use therein, any use by you of the same is done at your own risk.  

YOU AGREE THAT LTT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, CONTENT OR RESOURCES AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE SUCH CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.

From time to time, this Site may offer sweepstakes or other promotions which may be governed by a separate set of rules or Additional Terms that describe the sweepstakes or promotion and contain eligibility requirements.  You are solely responsible to read any such rules to determine whether or not your participation, registration or entry will be valid and to determine any sponsor requirements in connection with your applicable sweepstakes or promotion entry.

LTT operates this Site in the United States.  Information contained on this Site may not be appropriate or available for use in other locations, and access to this Site where the content of the Site may be illegal is prohibited.  If you access this Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws.  These Terms, the use of this Site and business conducted hereunder shall be governed by the laws of the State of New York without regard to its conflict of laws provisions that would defer to or result in the application of the substantive law of another jurisdiction, and the Federal and State courts of New York shall have exclusive jurisdiction over all claims, and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.  Any cause of action filed by you with respect to the Terms any Additional Terms or your use of this Web Site must be filed in New York County, New York City, State of New York within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred.  You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in New York County, New York City, State of New York for any cause of action arising under these Terms or related to the Web Site.

Limitations on Product Delivery

All of the products listed for sale on this Site by LTT are limited to deliveries within the continental United States.   No exceptions are allowed.

No Confidential Relationship

In no event will a confidential relationship be established should you or any other Member of this Site should make any oral, written, or electronic response to LTT (e.g. feedback, questions, comments, suggestions, ideas, etc.) Such responses and any information submitted shall be considered non-confidential.  LTT shall be free to reproduce, publish or otherwise use such information including any concepts, ideas, inventions, techniques or know-how disclosed therein for any legal purpose including developing, manufacturing and/or marketing of any goods and/or services.

Force Majeure

Under no circumstances shall LTT or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

USE AND PAYMENT – PAID SERVICES

After becoming a member, you may choose to subscribe to one of paid services (“Paid Services”) offer on this Site by LTT.  If so the following Additional Terms will apply:
Submission of Information: You are using any Paid Service at your own risk and you, along with your doctor, lawyer, accountant or other professional advisor, are personally responsible for verifying the suitability of such Paid Service for your needs.

Billing/Charges: When registering for a Paid Service, you are responsible for providing a valid credit card number.  You represent and warrant that you are an authorized Member of such credit card, and agree to pay all charges resulting from your use of any of the Paid Services at the prices then in effect including, without limitation, any unauthorized charges incurred prior to your giving notice to LTT of such charges.  You agree that LTT may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services. Please note that all charges for paid services are strictly exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes.  LTT reserves the right and may modify or terminate any Paid Service, any related membership plans, change prices or institute new charges for the same after providing notice at least thirty (30) days prior therefore.

TERMINATION

You understand and agree that LTT will determine your compliance with these Terms or any Additional Terms in its sole discretion.  Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities.  LTT reserves the right to deny access to all or part of the Site to any person in its sole discretion. Upon termination of your Member account or access to the Site, or upon demand by LTT, you must destroy all materials obtained from this Site and all related documentation.

MISCELLANEOUS

You agree that these Terms or any Additional Terms will not be construed against LTT by virtue of having drafted the same Terms.  If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect.  No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of LTT. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

CONTACT US

If you have any questions, comments or concerns about our Site or these Terms, you may contact us at info@livingthetruth.com or 100 Cummings Center Suite 314G Beverly, MA 01915.

EFFECTIVE DATE

These Terms were last updated on August 17, 2009.

PRIVACY POLICY

This Site (www.livingthetruth.com) (hereinafter, the “Site”) is provided by Living the Truth, LLC (hereinafter, “LTT”) and this Privacy Policy was created in conjunction therewith to inform you (hereinafter, “You” or “you”) as to the information gathering and dissemination practices for this Site only.  Information collected by LTT offline is not subject to the same. This Privacy Policy is incorporated into and is subject to the Terms of this Site.  By using this Site, you are signifying your consent to this Privacy Policy and our Terms (as made part of same by this reference) as set forth herein.

This Site directed to users in the United States and hosted therein. If you are a accessing this Site from the outside of the United States, please check your local laws or regulations governing personal data collection, use, and disclosure which may significantly differ from United States law.  By continuing to use this Site as governed by US law (specifically, the law of the State of New York as stated in out Terms), you are affirmatively consenting to the transmission of your personal information to the United States.

Any photos, videos, images, or other content posted by you onto this Site automatically becomes published content and are not considered personally identifiable information subject to this Privacy Policy.
COLLECTION OF Personal Information

LTT does not require you to register or provide personal information in order to access this Site Website.  Accessing certain member restricted parts of this Site requires registration and generally the collection of personal information. You may be asked to voluntarily provide personally identifiable information including, without limitation, your name and email address if you choose to participate in certain activities, i.e., posting messages/blogging, uploading pictures or videos, responding to inquiries, subscribing to newsletters or mailing lists on the Site. 

LTT never rents, sells or trades your personal information to others and gathers this information solely for its own use.  LTT uses commercially reasonable safeguards to preserve the integrity and security of any personal information voluntarily submitted. Personal information entered is encrypted with secure server software (SSL) that encodes the same prior to your web browser software forwarding this information to us.  LTT may, however, use such personal information for the limited purposes as set forth herein. 

You are responsible for the truthfulness and accuracy of any Member Content submitted which contains any personal information.  All personal information, pictures or video content that you voluntarily upload or submit including any content submissions to discussion boards, messages, chats, blogs, on any public profile page, etc. automatically becomes available for use by others in accordance with our Terms.  Your account name (but not your email address) may be displayed when you upload pictures or videos or when you send messages through this Site allowing other registered members to contact you.  No further permission from you is required to view any pictures, videos or other content submitted to this Site by you prior to viewing by others. .  

No commercial messages without your consent. Your personal information may be used by LTT to contact you concerning changes to this Site or other administrative/customer service purposes. You will have the ability to opt-in or opt-out of these types of messages at anytime.  In the event that you do not wish to receive such communications, please contact LTT with your request to be removed from LTT’s contact list by unsubscribing (opting-out) at any time. Simply send an email, including your name and email address, to: linfo@livingthetruth.com and LTT will remove you from the requested electronic mailings.  In the event that you would like to modify your member profile, please also contact the info@livingthetruth.com and include the same information for assistance.

Although it is not LTT’s intention to sell personal information to third parties as part of a mailing list or otherwise, LTT advises that unrelated third parties may observe or otherwise obtain information provided by you through electronic means other than set forth herein.  Therefore, please note that LTT can not make absolute guarantees to you with respect to the confidentiality of information provided by you through use of this Site electronically through the Internet, via email or otherwise to LTT.

Third Party Information Sharing

Aggregate and/or non-individual statistical information (e.g. non-personally identifiable information) may be shared by LTT with third parties, such as advertising and marketing affiliates.  LTT never discloses, shares, sells or transfers any personal information collected on this Site with third parties, except in the following instances:

• Bankruptcy/Asset Transfers:  In the event that all or substantially all of the assets relating to the Site are transferred or sold to another entity, your personally identifiable information may be transferred to the acquiring entity by LTT without notice to you with the stipulation that such information will continue to be treated in a manner consistent with the Terms herein.  In the unlikely event of bankruptcy, however, please note that LTT may be unable to control how your personal information is used.
• Third Parties:  Third parties may assist LTT in sending postal mail and responding to e-mails, analyzing data and providing customer service and support from time to time for LTT.  LTT will require that these third parties maintain the confidentiality of such information.  Such third parties will only have access to your personal information to the extent necessary and will not be authorized to use this information for any other purpose.
•  Special Circumstances:  LTT may disclose personally identifiable information to third parties in order to enforce our Terms, comply with law or requests by law enforcement agencies, or to protect the rights, property or personal safety of the Site or the safety of our users/members or as required by law or judicial order.

LTT may allow third-party ad servers or ad networks, to serve advertisements within this Site.  Except as part of a specific program or feature for which you will have the ability to opt-in or opt-out, LTT never provides any personally identifiable information without your consent to the same. LTT cautions that third-party ad servers or ad networks sometimes use other technologies (such as cookies, JavaScript, or Web Beacons) to personalize the advertising content you see or determine the effectiveness of their message. Such third-party ad servers or ad networks use technology which sends the advertisements and links that appear on this Site directly to your browser which automatically receives your IP address.  You should consult the respective privacy policy of each third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of the same since LTT’s Privacy Policy does not apply thereto.

LTT “Cookies”

 “Cookies” are small pieces of information that most Site store on your personal computer’s hard drive during a previous visit.  LTT uses cookies to identify which pages on the Site you have selected to view for development of statistical information. As you may know, web browsers usually automatically accept cookies. You hereby grant LTT permission to use cookies to provide you with a more personalized experience on later visits to this Website. You can modify your security settings so that you are notified upon receipt of the same from LTT.  You are always allowed to accept or reject a cookie on a case-by-case from LTT.  In the event that you do not accept cookies from this Site, please be aware that your use of this Site may be affected and you may not be able to access many of the pages contained therein or otherwise use certain features.

Passwords

Registered members of this Site are required to have a personal member ID (your email address) and a password specific to your account. This password is for your protection.  In order to maintain the highest level of security, LTT warns that you should not share your personal member ID or password with anyone.

UPDATING PERSONAL INFORMATION

You may access your information by submitting your personal member ID (your email address) and password after registration.  If you don’t have your password, there is a link that reads ”Forgot Your Password?” Click on this link for instructions on how to get your password.  After becoming a member, you may correct or update your registration information at any time.  Additionally, you can update or correct your account information by contacting info@livingthetruth.com.

Third Party Links
LTT’s Site contains links to other Site of interest to our customers.  LTT’s Privacy Policy applies solely to this Site and not to any other websites linked hereto.
Children’s Online Privacy-COPPA

LTT is dedicated to complying fully with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  This Site is not intended for use by those under 18 years of age. If you are under the age of 18, please do not continue to use this Site nor provide any other personal identifying information such as your name, e-mail address, etc.

FOR RESIDENTS OF CALIFORNIA ONLY.  Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers’ personal information with third-parties.  These businesses are required to accept such requests from customers but are only required to honor one request per calendar year.  In each instance, businesses have thirty (30) days to respond to each inquiry. Each inquiring customer is entitled to receive an explanation of the categories of customer information shared and the names and addresses of the third-party businesses.  In limited circumstances, customers’ failure to submit requests in the manner specified will not require a response from the business.

If you are a resident of California and a LTT customer, you may be eligible to request such information from LTT by sending an email correspondence noting your name, address, and email address to info@livingthetruth.com.  You must also include a request that LTT provide such information to you using the following or similar text in your correspondence.  “I request that LTT provide its third-party information sharing disclosures required by Section 1798.83 of the California Civil Code.”  This same request may be made by regular mail by sending a written communication containing the information above to:

Living the Truth, LLC
Attn: Webmaster
100 Cummings Center
Suite 314G
Beverly, MA 01915

This Site and the contents thereof including, without limitation, all text, graphics, logos and images (excluding all Member Content or licensed content ) are “©Copyright 2009 Living the Truth, LLP. All Rights Reserved.” 
This Privacy Policy may change or be updated at any time whenever LTT notifies users or members of the existence and location of any new or revised Privacy Policy.  This Privacy Policy was last updated on August 12, 2009.
LTT welcomes your questions and comments about LTT or your questions and comments about our Terms, Privacy Policy or this Site. Please send e-mail to:  info@livingthetruth.com