1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE
1.1 YOU MUST READ THESE LIVEWIRE WEBSITE TERMS OF USE ("TERMS") CAREFULLY.
LIVEWIRE COMPUTER SOLUTIONS, INC. AND ITS AFFILIATES ("LIVEWIRE") PROVIDE
THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER
ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT
TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN LIVEWIRE AND YOU,
AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING
THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH
THESE TERMS.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website ("Website") includes without limitation: (a) the Livewire Store,
Livewire Business Automation, product.livewire.ca and Livewire Online services,
and other on-line services accessible via the Website (collectively the "Services");
(b) information such as technical, contractual, product, program, pricing,
marketing, and other valuable information ("Information"); and (c) content such
as data, text, software, music, sound, photographs, graphics, video, messages, or
other materials ("Content"). Livewire controls and operates its websites from
various locations and makes no representation that this Website is appropriate
or available for use in all locations. Livewire products and services may not be
available in Your location, and deliverables may vary among locations. If You are
using the Website on behalf of Your employer, You represent and warrant that You
are authorized to accept these Terms on Your employer's behalf, and that Your
employer agrees to indemnify You and Sun for violations of these Terms. In addition
to the Terms and unless otherwise noted, the standard Livewire terms and conditions
of sale in your jurisdiction govern purchases You make through the Website, unless
You have in effect a separate valid written purchase or license agreement with Livewire
for that product or service, in which case that separate agreement governs, and in
cases of conflict, prevails.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a) provide accurate,
current, and complete information about You as may be prompted by a registration
form on the Website (the "Registration Data"); (b) maintain the security of your
password and identification; (c) maintain and promptly update the Registration
Data, and any information You provide to Livewire, to keep it accurate, current
and complete; and (d) accept all risks of unauthorized access to information and
Registration Data. You have sole responsibility for adequate protection and backup
of data and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that You upload, post or otherwise
transmit via the Website. You agree not to upload, post or otherwise transmit via
the Website Content that: (a) is inaccurate, harmful, obscene, pornographic,
defamatory, racist, violent, offensive, harassing, or otherwise objectionable to
Livewire or other users of the Website; (b) includes unauthorized disclosure of
personal information; (c) violates or infringes anyone's intellectual property
rights; or (d) contains software viruses 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. Livewire reserves the right
to edit or remove Content that violates these Terms or that contains third-party
commercial advertisements.
2.3 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited
communications; (b) pretend to be Livewire or someone else, or spoof Livewire's or
someone else's identity; (c) forge headers or otherwise manipulate identifiers (including
URLs) in order to disguise the origin of any Content transmitted through the Services;
(d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow
of dialogue or otherwise act in a manner that negatively affects other users' ability to
use the Website; (f) engage in activities that would violate any fiduciary relationship,
any applicable local, state, national or international law, or any regulations having
the force of law, including but not limited to attempting to compromise the security of
any networked account or site, operating an illegal lottery or gambling operation,
stalking, or making threats of harm; or (g) collect or store personal data about other
users unless specifically authorized by such users.
3. CONFIDENTIALITY OF LIVEWIRE INFORMATION
3.1 You may obtain direct access via the Website to certain confidential information of
Livewire and its suppliers, including without limitation technical, contractual,
product, program, pricing, marketing and other valuable information that should
reasonably be understood as confidential ("Confidential Information"). You must hold
Confidential Information in strict confidence. Title to Confidential Information
remains with Livewire and its suppliers.
3.2 Your obligations regarding Confidential Information expire five (5) years after the
date of disclosure. Upon termination of the Terms or Livewire's written request, You
must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential Information that
You can establish by legally sufficient evidence: (a) You possessed prior to Your
receipt from Livewire, without an obligation to maintain its confidentiality; (b) is
or becomes generally known to the public through no act or omission by You, or
otherwise without violation of the Terms; (c) You obtained from a third party who had
the right to disclose it, without an obligation to keep such information confidential;
(d) You independently developed without the use of Confidential Information and
without the participation of individuals who have had access to it, or (e) in response
to a valid order by a court or other governmental body, as otherwise required by law,
or as necessary to establish the rights of either party under these Terms and as
disclosed after prior notice to Livewire adequate to afford Livewire the opportunity
to object to the disclosure.
4. CONTENT SUBMITTED TO LIVEWIRE
4.1 Livewire does not claim ownership of the Content You place on the Website and shall
have no obligation of any kind with respect to such Content. Unless otherwise stated
herein, or in Livewire's Privacy Policy, any Content You provide in connection with
this Website shall be deemed to be provided on a nonconfidential basis. Livewire shall
be free to use or disseminate such Content on an unrestricted basis for any purpose,
and You grant Livewire and all other users of the Website an irrevocable, worldwide,
royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit,
display, perform, adapt, resell and publish such Content (including in digital form).
You represent and warrant that you have proper authorization for the worldwide
transfer and processing among Livewire, its affiliates, and third-party providers of
any information that You may provide on the Website.
4.2 Livewire does not routinely monitor Content, but Livewire and its designees reserve
the right to monitor, restrict access to, edit or remove any Content that is available
via the Website.
5. DELIVERY OF E-MAIL