Terms of Service

Effective as of September 18, 2006

THIS IS AN AGREEMENT BETWEEN YOU AND SUPERVIVA.COM

This is an agreement between you and SuperViva.com (or, if applicable based on where you live, one of its affiliates) ("SuperViva").  You represent that you are at least 18 years of age and any information that you submit is correct.  (If you are under the age of 18, you will only be allowed access to SuperViva if your parent and/or guardian consents to the terms of this agreement and consents to you accessing a SuperViva Site (a “Site”)).

BASIC TERMS

• Children (persons under the age of 14) are not eligible to use the Site. If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians.
• You are responsible for maintaining the confidentiality of your sign-in information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
• Please review our Privacy Policy and Content Guidelines. These policies also govern your visit to SuperViva.com.
• We reserve the right to add/delete keywords and edit, delete, or hide "Public Ideas" and user-generated content, and accounts that do not follow the Terms of Service and/or Content Guidelines.
• We reserve the right to modify or terminate the SuperViva service for any reason.

INTRODUCTION

SuperViva offers Sites to enable people to access services and information that are specific to their interests.  By using a SuperViva Site, you signify that you have read, understand and agree to be bound by these Terms of Service (this "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's effective date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access Site. It is your responsibility to regularly review these Terms of Service.

ELIGIBILITY

You must be fourteen years of age or older to register as a member of any SuperViva Site. If you are under the age of 14, you are not allowed to register and become a member of any SuperViva Site or access SuperViva content, features and services on the Site as a member.  If you are under the age of 14, you also are not allowed to provide SuperViva any personally identifiable information and acknowledge if you do so SuperViva will make every effort to destroy/delete that information. If you are under the age of 18, registration and membership shall only be processed upon confirmation of consent and authorization of your parent(s) and/or legal guardian(s).  Site membership is void where prohibited. By using the Site, you represent and warrant that you agree to abide by all of the terms and conditions of this Agreement. SuperViva may terminate your membership for any reason, at any time.

MEMBER CONDUCT

You understand that the Site is available for your personal, non-commercial use only, although Life Coaches may use the site with clients and provide guidance at no charge to Members by submitting planning tips, comments, and forum discussions. You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of members from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Site. In addition, you agree not to use the Site to:

• to harass or advocate harassment of any person;
• exploit or attempt to exploit people in any sexual, violent or otherwise inappropriate manner;
• solicit personal information from anyone under 18;
• promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or otherwise objectionable;
• upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
• transmit "junk mail," "chain letters," or unsolicited instant messaging, or "spamming" in any fashion; solicit passwords or personal identifying information for commercial or unlawful purposes from users of the Site;
• promote contests or sweepstakes that is not in conformity with all applicable laws;
• promote pyramid or ponzi schemes.
• upload, post, email, transmit or otherwise make available any material that contains software viruses, trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• use or attempt to use another's account, service or system without authorization from Site, or create a false identity on the Site.

PROPRIETARY RIGHTS IN CONTENT ON SUPERVIVA

All content on Site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of SuperViva, or its advertisers, partners or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Site's prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish or use Content on any Internet, Intranet or Extranet site or on any other tangible or intangible media site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Site are either trademarks of SuperViva or its advertisers, partners or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SuperViva.

MEMBER CONTENT POSTED ON THE SITE

You are solely responsible for the content, information, data, photos or profiles that you publish, submit or display (hereinafter, "post") on the Service, or transmit to other members (collectively the "Member Content"). You understand and agree that SuperViva may review and delete or remove any Member Content that in the sole judgment of SuperViva violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members.

By posting Member Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to SuperViva an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare, distribute, use, copy, perform, display, reformat, and/or translate derivative works thereof, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

COPYRIGHT POLICY

SuperViva respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact us at legal@SuperViva.com and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

LINKS TO OTHER WEBSITES

The Site may contain links to other Sites. SuperViva is not responsible for the content, accuracy or opinions expressed in such Sites, and such Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Site on SuperViva Site does not imply approval or endorsement of the linked Site by SuperViva. If you decide to leave SuperViva Site and access these third-party sites, you do so at your own risk.

MEMBER/ADVERTISER DISPUTES

You are solely responsible for your interactions with other SuperViva members and advertisers that may advertise on the Site. SuperViva reserves the right, but has no obligation, to monitor disputes between you and other members and advertisers. You will not hold SuperViva responsible for advertisers or other users' actions or inactions, including things Site users post or offer. You acknowledge that SuperViva is solely a facilitator of information and the Site is a venue to allow users to get ideas and plan goals using life lists. We are not involved in the actual services or information provided by third-parties and do not participate in any transaction between you and any advertiser advertising through the Site. We have no control over and do not guarantee the truth or accuracy of any such advertisements and do not control or guarantee that any advertiser will actually complete a transaction with you at all or to your satisfaction. If you have a dispute with one or more users of the Site or any Site advertiser, you release SuperViva (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

PRIVACY

SuperViva cares about the privacy of its members. Please review the Site's Privacy Policy incorporated herein for all purposes.

DISCLAIMERS

SuperViva is not responsible for any incorrect or inaccurate content posted on the Site, whether caused by users of the Site or Site advertisers or by any of the equipment or programming associated with or utilized in the offering of the Site. SuperViva is not responsible for the conduct, whether online or offline, of any user of the Site or Site advertiser. The Site may be temporarily unavailable from time to time for maintenance or other reasons. SuperViva assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. SuperViva is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Site advertisers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site. To the furthest extent allowed by law, under no circumstances will SuperViva be responsible for any loss or physical damage, including personal injury or death, resulting from anyone's use of the Site, any content posted on the Site or transmitted to members of the site, or any interactions between users of the Site, whether online or offline.

THE SITE AND THE CONTENT ARE PROVIDED "AS-IS" AND SuperViva DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SuperViva CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE.

LIMITATION ON LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL SuperViva BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE, EVEN IF SuperViva HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SuperViva'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SuperViva FOR YOUR MEMBERSHIP.

GOVERNING LAW AND VALUE

This agreement and performance under this agreement shall be governed by the laws of the State of California and the validity, interpretation and effect shall be governed by the laws of California applicable to contracts executed and performed wholly therein. The Federal and State courts within California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction e State of California and the validity, interpretation and effect shall be governed by the laws of California applicable to contracts executed and performed wholly therein. The Federal and State courts within California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.

INDEMNITY

You agree to indemnify and hold SuperViva, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of any law or the rights of a third party.

MISCELLANEOUS

These Terms of Service constitute the entire agreement between you and SuperViva regarding the use of the Site and/or the Service, superseding any prior agreements between you and SuperViva relating to your use of the Site or the Service. The failure of SuperViva to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.