Terms of Use
Introduction
Leisure Living, LLC (ÒLeisure
LivingÓ) is pleased to give you access to its web site (the "Site"),
free of charge. Your use of the Site, and all information, products and
services on this Site (collectively, the "Services") are subject to
the binding legal terms set forth below ("Terms"). You understand we
may update these Terms from time to time without giving you any notice. By
using this website, you agree to each of the terms set forth below. If you disagree with any part of these terms and conditions, do
not use this website.
The Site contains links
to other Websites. Your use of such other Websites is subject to the Terms of
Use, if any, contained within each such Website. If there is any conflict
between the Terms set forth below and any Terms or notices set forth on any
other Website, then the terms of such other Website will control your use of
that Website. Please review the Terms of Use for each Website so that you
understand all of the terms that will apply.
Limitations of Liability
The information on this website is provided
free of charge, and you acknowledge that it would be unreasonable to hold us
liable in respect of this website and the information on this website.
While it is our goal to ensure that the information on this
website is correct and up-to-date, we do not warrant its completeness or
accuracy; nor do we not commit to ensuring that the website remains available
or that the material on this website is kept updated.
To the maximum extent permitted by applicable law we exclude all representations,
warranties and conditions (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and the use of
reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under
applicable law. We will not be liable for any direct, indirect or consequential
loss or damage arising under these terms and conditions or in connection with
our website, whether arising in tort, contract, or otherwise – including,
without limitation, any loss of profit, contracts, business, goodwill, data,
income, revenue or anticipated savings.
However, nothing in these terms and conditions shall exclude or limit our
liability for fraud, for death or personal injury caused by our negligence, or
for any other liability which cannot be excluded or limited under applicable
law.
Privacy
Any information that we
may collect from you during your use of the Site is subject to our Privacy
Policy. You can access our Privacy Policy at Privacy Policy.
Use of This Website
You may
use the Services on the Site for your personal use. You may view, download for
caching purposes only, and make a single copy of the individual screens you see
when you use the Site, but only for your personal use, and not for further
distribution or transfer to others. You may not - and agree to not - modify,
reformat, reproduce, duplicate, copy, display, distribute, transmit, publish,
license, create derivative works from, transfer, sell, resell or otherwise
exploit our website or material or information obtained from our website for
any commercial purpose, except as set forth in this Agreement, without our
written consent. Additionally, you agree to not republish
material from this website (including republication on another website), or
reproduce or store material from this website in any public or private
electronic retrieval system. You
must not use our website for any purposes related to marketing without our
express written consent. You must
not use our website in any way that causes, or may cause, damage to the website
or impairment of the availability or accessibility of the website.
You must not use our website in any way which is unlawful, illegal, fraudulent
or harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity.
Registration
If you decide to become a
registered user of this site, you will be asked to give us some information
about yourself. During the
registration process, you agree to give us true, accurate and complete
information about yourself, and to promptly update this information when it
changes. If you do not update it, we may suspend or terminate your use of the site
as explained below. Any personal information that you provide to us is subject
to the terms of our Privacy Policy.
No License Granted
Except for allowing you
to use the Site for your personal use as set forth in the paragraph above, when
you use the Site you are not receiving a license or any other rights from us,
including intellectual property or other proprietary rights of Anthony. You
understand that you have no rights to the services or any other Leisure Living property
except as indicated in this Agreement.
Intellectual Property Rights
Unless otherwise stated, we or our licensees own the
intellectual property rights in the website and material on the website.
Subject to the license below, all our intellectual property rights are
reserved.
All product trademarks and copyrights (including but not limited to Leisure
Living, AngieÕs List, NARI, etc.) remain the property of their respective
owners.
Restricted Access
We reserve the right to restrict access to areas
of our website, or indeed our whole website, at our discretion.
Protecting Children
Leisure Living strives to
create a safe place for children on the Internet and over the airwaves.
Parental control protections (such as computer hardware, software or filtering
services) are commercially available that may assist parents in limiting access
to content that may be harmful to minors.
Disclosure of Your
Identity
From time to time we may
receive requests to disclose the identities of our users. We only will disclose
the identities of ours users or other personally identifiable information in
accordance with the terms of our Privacy Policy. See Privacy Policy.
Indemnity
You understand that you
are personally responsible for your behavior while on the Site, and agree to
indemnify and hold Leisure Living and its affiliates and their officers,
directors, employees and agents harmless from and against any loss, damage,
liability, cost or expense of any kind (including attorneys' fees) that we may
incur in connection with a third party claim or otherwise, in relation to your
use of or access to the Site, or your violation of either these Terms or the
rights of any third party.
Disclaimer of Warranties
You understand that your
use of the services (including any downloads and any loss of data or other
damage to your computer system you experience from using this Site) is at your
sole risk. You understand that the
services and all information, products and other content, including third party
information, products and content, included in or accessible from the Site, are
provided on an Òas isÓ and Òwhere availableÓ basis, and are subject to change
at any time without notice to you.
You understand that no warranty of any kind, whether oral or written,
can modify the terms of the disclaimer set forth in this document.
To the maximum extent
permitted by law, Leisure Living disclaims all representation, warranties and
conditions of any kind, be they express, implied, statutory or otherwise,
including but not limited to the warranties of merchantability and fitness for
a particular purpose, title and non-infringement of proprietary rights, as to
the services and all information, products and other content, including
third-party information, products and content, included in or accessible from
the Site.
Disclaimer
To the maximum extent
permitted by applicable law, in no event with Leisure Living or its affiliates
be liable to you or any third party making claims through you, for any damages
whatsoever, including but not limited to any direct, indirect, special,
consequential, punitive or incidental damages, or damages for loss of use,
profits, data or other intangibles, or the cost of procurement of substitute
goods or services, unauthorized access to and tampering with your personal
information or transmissions, arising out of or related to the use, inability
to use, unauthorized use, performance or non-performance of the site or the
services, even if Leisure Living has been advised previously of the possibility
of such damages and whether such damages arise in contract, negligence, tort,
under statute, in equity, at law, or otherwise.
Access Restrictions;
Termination; Variation of Terms
We can terminate your
access to the Site or the Services at any time.
We may also revise these
Terms at any time, and your continued use of the Services after any change we
make will mean that you agreed with the changes. If you do not agree to any
change, do not use this site in any manner for any purpose. Please check this page regularly to ensure you are familiar with
the current version.
Website Maintenance
In order to ensure that
you have the latest information, product availability, and dealer listings, Leisure
Living will update our website occasionally. However, there may be other delays and service interruptions
from time to time. We apologize for any inconvenience this may cause you. Please check back, as we intend to have
any website issues resolved very quickly.
Copyrights and Trademarks
All content on the Site
is owned by Leisure Living and/or its licensees and protected by applicable
law, with all rights reserved. Leisure
Living will terminate your access to, or use of, the Site and/or the services,
without notice to you, if you infringe or misappropriate the intellectual
property rights, including copyrights, of others.
Entire
Agreement
These terms and conditions, together with our privacy policy
constitute the entire agreement between you and us in relation to your use of
our website, and supersede all previous agreements in respect of your use of
this website.
Jurisdiction
If any part of these
Terms is determined to be invalid or unenforceable, it will not impact any
other provision of these Terms, all of which will remain in full force and
effect. These Terms are governed by, and will be interpreted in accordance
with, the laws of the State of Missouri, without regard to any choice of law
provisions.
Contact information:
The full name of our
company is Leisure Living, LLC, 821 SW Oldham
Parkway, LeeÕs Summit, MO
64081.
You can contact us by
email at: pcavanaugh@leisurelivingkc.com