LiveBuoy TERMS OF USE

Welcome to LiveBuoy!

1. DESCRIPTION OF SERVICE AND ACCEPTANCE

LiveBuoy ("LiveBuoy," "we" or "us") provides an online buoy alert system - email and SMS ("Content") available on the LiveBuoy.com website (the "LiveBuoy Site"). Our alert system and any other features, tools, applications, materials or other services offered from time to time by LiveBuoy are referred to collectively as the "LiveBuoy Services."

It is our pleasure to provide the LiveBuoy Services for your personal information and enjoyment. In order for all of our users to enjoy the LiveBuoy Services, it is important to follow the terms and conditions described in this Terms of Use ("Terms of Use" or "Terms"). By visiting the LiveBuoy Site (whether or not you are a registered member) or using any of the LiveBuoy Services, you are accepting this Terms of Use. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at info@livebuoy.com.

2. CHANGES TO THE TERMS OF USE BY LiveBuoy

LiveBuoy may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the LiveBuoy Site at http://www.livebuoy.com/terms_of_use.php. Any visit to the LiveBuoy Site or use of the LiveBuoy Services after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.

You will be requested to give us certain information, all of which must be accurate and updated. Various profile pages and account information pages will provide you with the ability to update your information. You are responsible for maintaining the confidentiality of your password, if any, which you will not have to reveal to any representative or agent of the Site. If any account that you have with LiveBuoy permits you to make purchases or otherwise enter into any contracts or agreements, you will be responsible for all such activity undertaken under your password whether you have consented to the use of your password or not. It is critical that you not share your password.

You must notify info@livebuoy.com of any known or suspected unauthorized use(s) of your account, or the Site, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the Site’s sole discretion, and the Site may refer you to appropriate law enforcement agencies.

3. ACCESS AND USE OF THE LiveBuoy SERVICES

LiveBuoy grants you a limited license to access the LiveBuoy Site and make personal, non-commercial use of the LiveBuoy Services. LiveBuoy owns and retains all rights to the LiveBuoy Services.

With respect to LiveBuoy's alerts, you must not modify, enhance, or otherwise alter in any way any portion of the alert. Also, you may not embed LiveBuoy's alerts on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate (collectively, "Unsuitable Material").

In order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue some or all of the LiveBuoy Services, at any time without notice or liability.

4. PAYMENTS

Access to the LiveBuoy Site is free. The email alerts sent by LiveBuoy may have advertisement. SMS alerts are sent with advertisement or without advertisement if user is registered as a premium member. If we feel it is appropriate to charge for certain premium LiveBuoy Services, we will of course notify you. You will then have an opportunity not to use such premium LiveBuoy Services if you are not interested in paying for them. You are responsible for any carrier charges to receive SMS alerts and to access the internet to receive emails.

5. ACCOUNTS AND REGISTRATION

We may from time to time offer additional features that require registration or the creation of an account on the LiveBuoy Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at info@livebuoy.com (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

You may terminate your account by emailing info@livebuoy.com (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate your account or your use of the LiveBuoy Services at any time without notice or liability if LiveBuoy determines in its sole discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct.

We reserve the right to immediately discontinue LiveBuoy services at any time.

6. COLLECTION AND USE OF PERSONAL INFORMATION

For information about LiveBuoy's policies and practices regarding the collection and use of your personally identifiable information, please read LiveBuoy's Privacy Policy located at http://www.livebuoy.com/privacy_policy.php. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your presence on the LiveBuoy Site and use of the LiveBuoy Services are governed by the LiveBuoy Privacy Policy in effect at the time of your use.

7. LINKED WEBSITES AND ADVERTISING

If we provide links or pointers to other websites, no inference or assumption should be made that LiveBuoy operates, controls, or is otherwise connected with these websites. When you click on a link within the LiveBuoy Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website.

LiveBuoy is not responsible for the content or practices of any other website, even if it links to the LiveBuoy Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with LiveBuoy.

LiveBuoy takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers.

8. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

While we do our best to ensure the optimal performance of the LiveBuoy Services, you agree that use of the LiveBuoy Services is at your own risk. The LiveBuoy Services, including the LiveBuoy Site and the other Sites, the Content, User Material and any other materials contained on or provided through the Sites, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, LiveBuoy does not make any warranties of fitness for a particular purpose; or that the LiveBuoy Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

In no event shall LiveBuoy or its affiliates, and each of their respective investors, directors, officers, employees, agents and suppliers (collectively, the "LiveBuoy Parties"), be liable for any direct, indirect, punitive, incidental, special, consequential or other damages, including loss of profits, arising out of or in any way related to the use of the LiveBuoy Services (including any information, products or services advertised in, obtained on or provided through the Sites), whether based in contract, tort, strict liability or other theory, even if the LiveBuoy Parties have been advised of the possibility of damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

You agree to defend, indemnify and hold harmless the LiveBuoy Parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorney's fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these Terms and your use of the LiveBuoy Services.

9. GENERAL INFORMATION

This Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

This Terms of Use is governed by, and construed in accordance with, the laws of the State of Florida without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in the Miami-Dade County of the State of Florida.

This Terms of Use constitutes the whole legal agreement between you and LiveBuoy and governs your use of the LiveBuoy Services (but excluding any services, if any, that LiveBuoy may provide to you under a separate written agreement), and completely replaces any prior agreements between you and LiveBuoy in relation to the LiveBuoy Services. It may not be amended or varied by you except in a writing signed by LiveBuoy. For these purposes a signature may not include an electronic signature.

Thank you for taking the time to read this Terms of Use. By following these Terms, the experience will be better for all users. Enjoy the LiveBuoy Services!