LIVING R3, LLC
Web Site Terms of Use
This website (referred to as the “Site”) is operated by LIVING R3, LLC (referred to as “LIVING R3”, “we”, “us”, and “our”). Your use of the Site is governed by the following terms and conditions:
1. Consent: Please carefully read these Terms of Use before using this Site. By using this Site, you agree to abide by these Terms of Use. If you do not accept these Terms of Use, please refrain from using this Site. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. This consideration includes your use of the Site, the receipt of data, materials, and information available on or through the Site, the possibility of our use or display of your Submissions (as defined in Section 9 below), and the potential publicity and promotion resulting from our use or display of your Submissions.
2. Additional Terms: Please note that certain services offered on the Site, such as subscription-based services, product purchases, and rules for specific contests or features, may be subject to additional terms. These terms are provided in connection with the relevant service and, in the event of a conflict, supersede these Terms of Use.
3. Modification: We reserve the right to modify or update these Terms of Use at any time, and you agree to be bound by such modifications, updates, and revisions. We recommend visiting this page periodically to review the current terms. We may also change the Site, delete Content (as defined in Section 4 below), or modify features of this Site at our discretion, for any reason or no reason at all.
4. Copyright: All information, materials, functions, and other content (including Submissions as defined in Section 9below) provided on this Site (collectively referred to as “Content”),
such as text, graphics, images, and more, are either our property or the property of our licensors, and are protected by US and international copyright laws. The collection, arrangement, and assembly of all content on this Site are our exclusive property and are protected by US and international copyright laws. Unless explicitly authorized by us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner. Any unauthorized use of material from this Site is strictly prohibited.
5. Trademarks: Unless explicitly stated otherwise, the trademarks, service marks, trade dress, trade names, and logos (referred to collectively as “Trademarks”) appearing on this Site are our registered and unregistered Trademarks, as well as the Trademarks of our licensors. The use and display of these Trademarks on the Site do not imply, by implication, estoppel, or otherwise, the granting of any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that does not belong to us, in a manner likely to cause confusion among customers, or in a way that discredits or disparages us.
6. Use of Site and Content: Subject to these Terms of Use, we provide you with a limited license to access and utilize the Site and its Content for personal purposes. However, it is strictly prohibited to reproduce, duplicate, copy, sell, resell, or exploit the Site, any portion of it, or any Content for any commercial purpose without our express written permission. In cases where the Site allows the download of specific Content, you may download one copy of such Content onto a single computer for your personal, noncommercial home use only. However, you must adhere to the following conditions: (a) preserve all copyright and proprietary notices, (b) refrain from making any modifications to the Content, and (c) avoid using the Content in a way that implies an association with our products, services, or brands. We reserve the right to refuse services and/or cancel orders at our discretion
if we believe that user conduct violates applicable laws or poses harm to our interests. In the event that software downloads are offered on this Site and you choose to download such software, you are granted a license for personal, noncommercial home use only. The software, including any files and images generated by the software, as well as accompanying data (collectively referred to as the “Software”), are licensed to you by us or third-party licensors. Please note that title to the Software is not transferred to you. You are expressly prohibited from distributing or exploiting the Software. Additionally, you may not decompile, reverse engineer, disassemble, or otherwise convert the Software into a human-readable form.
7. Linking: Links to third party web sites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Site. We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these web sites and their content. We do not endorse or make any representations about such web sites or any information or materials found there, or any results that may be obtained from using them. If you access any third party web sites linked from this Site, you do so at your own risk. No hyperlinks to this Site are permitted without our prior written consent.
8. Claim of Copyright Infringement: We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the information specified below to support@livingr3.com Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following: • A physical or electronic 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 upon; • A description of where the material that you claim is infringing is located on the Site;
• Your physical address, telephone number and email address; • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; and • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. We reserve the right to inform you of the removal or disabling of access to specific material through various means. This can include a general notice posted on the Site, an email sent to the email address associated with your account, or a written communication sent via first-class mail to the physical address we have on record for you. If you receive such a notice and believe it to be incorrect or unjust, you have the option to submit a counter-notification in writing to our designated copyright agent. For the counter-notification to be valid, it must be a written communication that includes the following information: • Your physical or electronic signature; • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; • A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Monat Global may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
9. Submissions: In the context of these Terms of Use, the term “Submissions” refers to various forms of content that you submit, post, upload, embed, display, communicate, or otherwise distribute on or through this Site. These may include text, messages, ideas, concepts,
suggestions, artwork, photographs, drawings, videos, audiovisual works, names, likenesses, voices, usernames, profiles, actions, appearances, performances, biographical information, or similar materials, whether originating from yourself or others. By submitting a Submission to us, you affirm and guarantee that the Submission and your communication of it comply with the Rules of Conduct stated in Section 12 below, as well as all other requirements outlined in these Terms of Use. Furthermore, you assert that you own or possess the necessary rights, licenses, consents, and permissions to exploit the Submission, and to authorize us to exploit it, without requiring permission or making any payment to any other individual or entity. This includes the right to use the Submission in all manners contemplated by these Terms of Use You agree not to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material to or from this Site. Moreover, you shall not share any material that could result in civil or criminal liability under the law. Please refer to Section 12 below for more details.
10. Accounts: Certain services provided on this Site may require you to create an account in order to participate or access additional benefits. By doing so, you agree to provide accurate, up-to-date, and complete information about yourself as requested during the registration process. It is strictly prohibited to impersonate any individual or entity, or to misrepresent your identity or affiliation with any person or entity. This includes using someone else’s username, password, or other account information, as well as utilizing another person’s name, likeness, voice, image, or photograph. You are responsible for promptly notifying us of any unauthorized use of your username, password, account information, or any other security breach related to this Site. We may suspend or terminate your account, as well as your ability to use the Site or any of its features, if you fail to comply with these Terms of Use, violate any specific requirements related to a particular service, infringe upon copyright, or for any other reason determined at our discretion
11. Public Forums and Communication: The term “Public Forum” refers to an area or feature available on this Site that enables users to share Submissions with one or more users of the Site. Examples of Public Forums include, but are not limited to, chat areas, message boards, instant messaging, mobile messaging, social community environments, profile pages, conversation pages, blogs, or email functions. You acknowledge that Public Forums and the features provided therein are intended for public communication and not for private exchanges. Therefore, you should not expect any privacy regarding Submissions shared in a Public Forum. We cannot guarantee the security of any information disclosed. through these mediums, and you assume the risk associated with such disclosures. You are solely responsible for the Submissions you distribute on the Site under your username or in any Public Forum, and you will bear the consequences of submitting and posting such content. We do not have an obligation to monitor any Public Forum. It is important to exercise caution when considering information provided by others, and you understand that the use of any Submission posted in a Public Forum is at your own risk. We do not endorse or take responsibility for the opinions, advice, or recommendations shared by users in any Public Forum, and we specifically disclaim any liability associated with such content. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
12. Rules of Conduct: The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:
• (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity; • infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; • is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); • contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or • (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
13. Removal of Submissions: We have the right, but are not obligated or responsible, to take the following actions: (a) refuse to post, communicate, or remove any Submission from the Site that violates these Terms of Use, and (b) disclose to third parties the identity of any user, as well as disclose any Submission or personally identifiable information, when we have a good faith belief that such disclosure or identification will either (i) facilitate compliance with laws, such as complying with a court order or subpoena, or (ii) help enforce these
Terms of Use and/or safeguard the safety or security of any individual or property, including the Site. Additionally, we retain full authority to remove Submissions at any time, for any reason, or even without any specific reason.
14. International: The Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws. We do not intend to provide our products or services outside the United States.
15. Privacy: Living R3 respects your privacy and the privacy of other visitors to the Site. To learn about our privacy practices and policies, please see our Privacy Policy.
16. Children: Living R3 is committed to the safety of our children. Persons under the age of 18 may not enroll as R3Formulas Math Club Member or register as customers. Children under the age of 13 may not purchase products through any of our Websites. Living R3 does not solicit or knowingly collect personally identifiable information from children under the age of 13.
17. Disclaimer of Warranties:
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Content of the Site is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk. The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
18. Limitation of Liabilities:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO SHALL WE, OUR LICENSORS OR LICENSEES, CIRCUMSTANCES OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
19. Governing Law, Jurisdiction and Venue: This Site is created and controlled by us in the State of Texas. The laws of the State of Texas govern these Terms of Use, without giving effect to any principles of conflicts of
laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only in the State or Federal courts located in Collin County, State of Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
20. General Provisions: We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
All software used on the Site or other Offerings is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny
Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
21. California Privacy Rights: Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties, if any, to which Living R3 has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2022 will receive information about 2021 sharing activities). We comply with this law by offering our visitors the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please write us at: Living R3 130 N. Preston Rd ste 362 Prosper, TX 75078 You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message. Please note that any request under this Paragraph will be limited to our use and disclosure of your personal information. You will need to make the same request of your Living R3 Math Club Member if you would like to obtain information about any disclosure that he or she has made of your personal information.
22. Contacting Us: You may contact us regarding these Terms of Use or the Site by any of the following methods: By Mail: Living R3, 130 N Preston Rd, Prosper, TX 75078 By Email: support@livingr3.com By Telephone: (972) 200-3472
23. Effective Date: These Terms of Use are effective as of July 4th, 2023, and shall remain in effect until modified and/or updated as provided in Section 3 above.