General Description

Welcome to the Lively Delivery Service, Inc. Web page. The Terms of Use contains ground rules for your use of the Services (the "Terms"). By accessing, using, or contributing to the Services, and in consideration for the Services provided to you, you agree to abide by the Terms.


Lively Delivery or its appointed registered agents may change the Terms from time to time, at Lively Delivery Service’s sole discretion. Your continued use of this website following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the site to review the current version of the Terms. These Terms supersede any verbal changes and can only be modified by written agreement signed by an appointed representative of Lively Delivery Service, Inc.


Account Registration

To utilize the Services provided, or certain portions thereof, you may be required to complete a registration and submission process and establish an account ("Customer Number"). You represent and warrant that all information provided by you is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a timely basis, if requested by an appointed representative of Lively Delivery Service, Inc.


Password and Security

As a registered customer of Lively Delivery, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and account(s). You understand and agree that you are fully responsible for all actions and postings made from your account(s). Any accounts you create are not transferrable. You agree to notify the Lively Delivery Service, Inc. immediately if you become aware of any unauthorized use of your account(s).


Content


Commercial Use

The Services are provided solely for personal, non-commercial use. You may not take any material from this website and reformat, repost, or redisplay it for other commercial purpose(s) without written consent from Lively Delivery Service, Inc, by its appointed representative. You may not reformat, repost, or redisplay any material from this website for non-commercial purposes provided however that (i) you may redisplay the title, author and/or abstract for an individual document included in the main body of of this site, together with a link to that document's public abstract page; (ii) you may exercise any additional rights granted directly by the author or other valid copyright holder, and (iii) you may cite or quote individual usage statistics, rankings, citations, and similar information with acknowledgment of the source, date, and URL for this information. These exceptions for noncommercial use apply only to specific documents and use of specific site provided statistics and other information. They do not convey any rights to reproduce or otherwise make use of all or a significant part of the provided information, or all or a significant part of a category of the provided information.


Contributed Content

Contributed content should be relevant to the subject scope. While currently there is no place to publicly post information, this may become available in the future. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. Lively Delivery Service does not pre-screen any contributed content, but Lively Delivery has the right (though not the obligation) to remove, without notice, any content posted which we consider, for any reason, to violate these Terms or to be outside the subject scope of the Services. Lively Delivery Service may terminate any account, with or without notice, for posting such content.


Copyright and Trade Marks

Any person who provides any material for inclusion on this site is responsible for ensuring that this material does not violate other parties' copyright or other proprietary rights and does not otherwise violate law or applicable policy. As part of its general right to remove material, Lively Delivery Service and its dually authorized agents and representatives, reserve the right in its sole discretion to delete or make inaccessible files that do or may contain material that violates law, or applicable policy, or the rights of third parties.


Licensure

Users grant to Lively Delivery Service, a limited, non-exclusive, worldwide, royalty free, revocable license to perform the Services. By contributing content you grant Lively Delivery Service a non-exclusive, royalty-free, perpetual, worldwide, revocable license to use your content in connection with the Services, including, without limitation, the rights to copy, distribute, transmit, publicly display, print, allow others to print, publicly perform, reproduce, edit, translate, and reformat your digital and non-digital content, and/or to incorporate it into a collective work.


Lively Delivery Service (LDS) Ownership and Rights

All materials presented via this site are the copyright of Lively Delivery Service, Inc. or are reproduced with permission from other copyright owners. All rights are reserved. The materials on this web site may be retrieved and downloaded solely for personal non-commercial use. No materials may otherwise be copied, modified, published, broadcast or otherwise distributed. Ldsaustin.com, Lively Delivery Service and/or any other names of products or services provided by this site or referred to on this web site are either trademarks or registered trademarks of Lively Delivery Service, inc.


Termination

Lively Delivery Service reserves the right to terminate your account or restrict access to your account, or to delete any content posted through your account, with or without notice, for any or for no reason.


Linking

You understand that Lively Delivery has not and cannot review all material made available through websites linked or linking to any part of this site. You also understand that no such linking implies in any way that Lively Delivery endorses or is affiliated with any third-party website. You agree that Lively Delivery bears no responsibility or liability for any content accessed or harm caused from any third-party website(s).


User Representations and Warranties

By posting any content, you represent and warrant that you have all rights, titles, and interests to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You represent and warrant that you will not use any software, which sends repeated queries to Lively Delivery, or otherwise send automated queries of any sort to Lively Delivery or its customers, members or subscribers. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.


Indemnities

You acknowledge and agree to indemnify and hold Lively Delivery, their affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of ldsaustin.com or the services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.


Copyright Complaints

If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please submit notice and your request of action to dispatch@livelydelivery.com


General Terms


Modifications

Lively Delivery reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.


Termination of Service

Lively Delivery disclaims all responsibility and liability for the availability, timeliness, security or reliability of the services or any software provided through the services. Lively Delivery reserves the right to modify, suspend, or discontinue the services or access to the services without any notice at any time and without any liability to you.


Extent of Terms

The Terms apply to use of and contribution to Lively Delivery and any other domains registered to Lively Delivery Service, Inc, or to any domains registered under/by a representative of Lively Delivery Service to our knowledge and any account provided therefore. Lively Delivery may operate additional projects or services that require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.


No Waiver of Terms

Failure of Lively Delivery to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.


Governing Law and Entire Agreement

These Terms are governed by the laws of the State of Texas, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of Texas in the event of any dispute of any kind arising from or relating to the site(s), or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.


Abstract Usage Statistics and Automated Querying

Lively Delivery strives to maintain the integrity of the download counts and other usage statistics as a measure of usage and other use of the site by authors and readers. It is a violation of policy for an author or other person to directly or indirectly use with a view to affecting downloads and other usage statistics, or to encourage others to do so. As part of its general right to refuse or terminate service and remove or edit site content, Lively Delivery reserves the right in its sole discretion to limit access, remove content, and adjust usage statistics to respond to any activity that appears likely to have such an effect.


DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES

Ldsaustin.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIVELY DELIVERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE'S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LIVELY DELIVERY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. LIVELY DELIVERY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL LIVELY DELIVERY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF LIVELY DELIVERY, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF LIVELY DELIVERY, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. This exclusion and limitation only applies to the extent permitted by law and is without prejudice to any express provisions to the contrary in any written license or subscription agreement from Lively Delivery Service, Inc. in respect of the use of any online service provided via this web site.

Terms of Use

Your use of this site and its services provided, you agree

To abide by the following terms.

Updated 12/26/14