ALIVEWORLD TERMS OF USE

1. Acceptance of Terms

1.1 By using and/or visiting the Website at http://www.aliveworld.com (the Website), and any service, application, plug-in, component, functionality or program created by Aliveware Ltd (Aliveware), you consent and agree to the Terms of Use herein and the Privacy Notice published at http://www.aliveworld.com/termsofservice.aspx and http://www.aliveworld.com/privacy-policy.aspx.  You also agree to any Aliveware policies or separate terms and conditions Aliveware may publish from time to time on the Website.  If you do not agree to these, you may not access or otherwise use this Website.

2. Modification of Terms

2.1 Aliveware reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, the Privacy Notice, Aliveware policies or other terms and conditions, in whole or in part, at any time.  Notification of changes will be posted on the Website and will be effective when posted.  Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Website to check if they have been updated.  You must review this agreement on a regular basis to keep yourself apprised of any changes.  If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the services.  Your continued use of the services following the posting of midifications will constitute your acceptance of the revised terms and conditions.  Should you have any questions regarding the use of our Website, plese contact us at: termsofuse@aliveworld.com.

3. Membership/Eligibility and Fees

3.1 To use the Website as a member you must register as a member.  This may include creating an account requiring you to provide complete and accurate information.  You must maintain and promptly update this information to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not correct or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof).  You are responsible for your account and the protection of your password together with any unauthorized use of your account.  You agree to immediately notify Aliveware of any unauthorized use of your user ID or password or any other breach of security.  Aliveware cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. 

3.2 By visiting this Website and/or by completing the registration process for the services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions.  Use of Aliveworld is restricted to people who are thirteen (13) years old or older. If you are younger than 13 then you may not become a member of Aliveworld. If you accept these Terms of Use you are warranting that you are at least 13 years old.  REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION. 

3.3 Aliveware reserves the right to charge fees to members or users.

4. Privacy

4.1 You agree that you have read the terms of Aliveware's Privacy Notice governing the collective use and sharing of personal and non-personal information, which are incorporated herein by reference.

5. User Conduct/Acceptable Use Policy

5.1 Unauthorized use of the services, or the resale of said services without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party.  In addition, you may not use the services in any way that violates applicable federal, state, or international law, or for any unlawful purpose.  Further, you may not use the services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Aliveware or others.

5.2 To the extent that the services provide users the opportunity to submit feedback, materials, information, ideas and opinions (User Content), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein.  You further agree to and hereby do grant, and you represent and warrant that you have the right to grant, Aliveware, its contractors, and the users of the Website an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such content.  This license does not grant Aliveware the right to sell User Content or otherwise distribute it outside of Aliveware's services.  You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users.  Aliveware does not claim any ownership rights in any User Content.

5.3 Content posted by users and other non-Aliveware contributors are generally not reviewed by Aliveware.  Aliveware shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that Aliveware, in its sole discretion, deems to be (a) inconsistent with Aliveware's strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content) and/or these Terms of Use; or (b) possibly in violation of applicable law. In addition, Aliveware has the right to remove any content if Aliveware has reason to believe that displaying such content may infringe the rights of a third party or subject Aliveware to expense or liability. Please notify us at dmca@aliveworld.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

5.4 Additionally, Aliveware reserves the right, without limitation, to terminate your access to and use of the Website if, in our view, your conduct fails to meet any of the following guidelines for user conduct:

(a) You may not make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand.

(b) You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Website, computer systems and network, or the services.

(c) You may not take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

(d) You may not attempt to interfere with any other person's use of the services.

(e) You may not misrepresent your identity or impersonate any person.  

(f) You may not attempt to gain access to any account, computers or networks related to the services without authorization.

(g) You may not attempt to obtain any data through any means from the services, except if we intend to provide or make it available to you.

(h) You may not attempt to charge others to use the services either directly or indirectly.

(i) You may not access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission. 

(j) You may not violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website.

(l) You may not 'frame', 'mirror' or otherwise incorporate any part of this Website into any other website without our prior written authorization.

(m) You may not use the services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.

(n) You may not use the services to violate any code of conduct or other guidelines which may be applicable to the services or the Website.

(o) You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Aliveware in connection with the Website or services. All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Aliveware.  Aliveware reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Aliveware's response to a future complaint.  You acknowledge and agree that Aliveware shall not assume or have any liability for any action or inaction by Aliveware with respect to any User Content.  Users shall remain solely responsible for User Content, and any material or information transmitted to other users for interaction with other users.

6. Copyright and Trademarks

6.1 The Website is protected by copyright as a collective work and/or compilation, pursuant to New Zealand and international copyright laws, international conventions, and other copyright laws.  The contents of the Website are only for your personal, noncommercial use.  All materials contained on the Website are protected by copyright, and are owned or controlled by Aliveware or the party credited as the provider of the content.  You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Website.  Copying or storing of any content is expressly prohibited without the prior written permission of Aliveware or the copyright holder.

6.2 You agree not to display or use any Aliveware trademarks in any manner without Aliveware's prior written permission.

7. Notices and Procedure for Making Claims of Copyright Infringement 

7.1 Aliveware respects copyright law and expects Users to do the same.  Aliveware expressly prohibits the use of its services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its services.  In addition, Aliveware will suspend and/or terminate the accounts of any individuals who are repeat infringers of valid copyrights.   

7.2 If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Aliveware's Agent for Notice of claims of copyright or other intellectual property infringement (Agent) the written information specified below:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed upon;

(c) A description of where the material that you claim is infringing is located on the Website;

(d) Your address, telephone number, and e-mail address;

(e) 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 the law;

(f) 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. 

7.3 Aliveware's Agent can be reached at: dmca@aliveworld.com.

8. Purchase of Aliveguide Licenses

8.1 Acceptance

(a) You may purchase Aliveguide licenses from within Aliveworld. Aliveguide licenses are purchased from publishers of Aliveguides ("Publishers").  Aliveguide licenses are offered by Publishers and not Aliveware.  Where Aliveware facilitates payment and delivery of Aliveguides, it does so as agent only of the relevant Publisher.

(b) You acknowledge that Publishers are not a party to these Terms of Use, which are between you and Aliveware.  Even though Publishers can sell you Aliveguide licenses through the Website, Publishers operate independently of Aliveware.  This means that each Publisher, and not Aliveware, is legally responsible to you in all respects when it comes to their Aliveguides and licenses, and any other community, transaction or other experience you might conduct or have on the Website with Publishers or their affiliates, agents or contractors. 

(c) Once an Aliveguide license has been accepted by the Publisher it will constitute a contract for license of the relevant Aliveguide on the terms and conditions that are notified to you as applicable to the Aliveguide, and in any event these Terms of Use will apply.

(d) You agree that you will only use Aliveguides within Aliveworld.

8.2 Prices and Payment

(a) The price to be paid for licenses to Aliveguides shall be the price determined by the Publisher at or prior to acceptance by the Publisher of your purchase. The prices listed on the Website are provided to Aliveware by Publishers. 

(b) All payments shall be made by you in full without deduction or set off.

(c) Payment for an Aliveguide shall be made by you in cleared funds or otherwise to Aliveware and the relevant Publisher's satisfaction prior to you being given access to an Aliveguide. If payment is not received in this manner, the Publisher (and Aliveware as the Publisher's agent for delivery) will have no obligation to provide access to the Aliveguide and the Publisher (and Aliveware) shall not be liable to you or any person claiming through you for any loss.

(d) If you breach these Terms of Use, the Privacy Notice, Aliveware policies or other terms and conditions or if you become insolvent, suffer bankruptcy or make default in payment on a due date or if Aliveware suspends service to you or if for any other reason Aliveware or the relevant Publisher (if applicable) is of the reasonable opinion that you are unable to fulfill your obligations under these Terms of Use, the Privacy Notice, Aliveware policies or other terms and conditions then Aliveware and/or the relevant Publisher (as applicable) without any liability on its or their part shall have the right to cancel your access to an Aliveguide and this Website and all sums outstanding whether legally demanded or not and whether then due or not shall become immediately due and payable to Aliveware and the relevant Publisher (as applicable).

(e) You acknowledge that if you pay for an Aliveguide license by subscription then the time period in that subscription is the maximum time period you will have a license to use that Aliveguide, and that the payment is for a partial period if your access to the Aliveguide or Website is cancelled pursuant to clause 8.2 (d).

8.3 Delivery

(a) Unless otherwise determined by Aliveware or the relevant Publisher, the point of delivery of Aliveguides shall be the computer you use to access Aliveworld over the internet and delivery shall be deemed to be effected once access to the Aliveguide has been made available in the Aliveworld Software.

8.4 New Zealand Goods and Services Tax

(a) If you purchase an Aliveguide license while in New Zealand you agree to pay to Aliveware Goods and Services Tax in respect of supplies made pursuant to these terms. Unless otherwise stated all prices exclude goods and services taxes, value added taxes, custom, duties, freight, insurances and any other applicable taxes.

8.5 Refunds

(a) If you purchase an Aliveguide license and have no free trial period and you are dissatisfied with it you may apply to the Publisher or Aliveware (as agent for the Publisher) for a refund within thirty (30) days of the date of purchase of the Aliveguide license. A refund will only be given if a refund has not already been given to you for the same Aliveguide at a different time, and only if your payment has been received in full for the Aliveguide. The cost of processing a refund payment will be shared by the Publisher and Aliveware.

(b) If you purchase an Aliveguide license for which there is a free trial period then you may not apply for a refund and neither the Publisher nor Aliveware (as agent for the Publisher) is obliged to pay any refund.

8.6 Excusable Delays

(a) Aliveware and each Publisher shall not be liable for any loss or damage to you or to any third party due to delay in publishing or delivery or other performance failures resulting from any cause whatsoever beyond Aliveware's control, neither shall you have a right to cancellation of the purchase.  Such causes shall include but are not limited to compliance with any laws, regulations, orders, Acts, instructions or priority requests of any governmental agency or any department thereof, civil or military authority, acts of God, acts of public enemy, your acts or omissions, floods, fires, strikes, riots, insurrections, electrical shortages or electrical failure, delays in transportation or loss or damage to the goods.

(b) In no event will Aliveware be liable for any direct, incidental, special or consequential damages as a consequence of any delay.

8.7 Intellectual Property. You acknowledge Aliveguides are licensed. All right, title and interest to all intellectual property rights in respect of Aliveguides are owned and retained by the relevant Publisher and Aliveware for their respective rights and interests.  In the absence of any separate terms and conditions notified to you as applicable to an Aliveguide:

(a) You are granted a limited, personal, non-exclusive and non-transferable license to use the version of the Aliveguide provided to you;

(b) You agree not to sell, transfer, publish, disclose, display or otherwise make available the Aliveguide or copies of it to others.

8.8 Invalidity. If any of these terms shall be invalid, void or illegal the enforceability of the remaining provisions shall not be affected prejudiced or impaired.

8.9 Limited Warranty. For Aliveguides purchased you will be given a thirty (30) day limited warranty for the Publisher to correct or replace the Aliveguide. No support will be offered by Aliveware; however, an Aliveworld Partner (as indicated on the Website in relation to the Aliveguide) may offer support through an Aliveworld community.

8.10 Indemnity in relation to Aliveguide purchase.  Notwithstanding anything else contained in these Terms of Use, you agree to indemnify Aliveware, the relevant Publisher and its or their respective officers, directors, personnel, agents, contractors, for any losses it or they may suffer through the non-payment or non-performance by you under these Terms of Use, the Privacy Notice, Aliveware policies or other terms and conditions on the Website or applicable to the Aliveguides, including any enforcement action undertaken by Aliveware or the relevant Publisher.

8.11 Other Agreements relating to Aliveguide purchase

(a) If there is any inconsistency between these Terms of Use, the Privacy Notice, Aliveware policies or other terms and conditions on the Website or applicable to the Aliveguides and any other arrangement between the parties to an Aliveguide, these Terms of Use shall prevail unless otherwise agreed in writing by the parties.

(b) These Terms of Use, the Privacy Notice, Aliveware policies and other terms and conditions on the Website or applicable to the Aliveguides constitute the entire agreement between the parties and supersede all prior oral or written agreements or understandings between the parties.

9. Suspension/Discontinuance of Service

9.1 Aliveware may change, suspend or discontinue any aspect of the Website at any time without notice, including the availability of any Website feature, database, or content. 

9.2 Aliveware may also impose limits on certain features and services of the Website and restrict your access to parts or all of the Website without notice or liability.

9.3 Your access to the Website will be removed if you attempt to damage, disassemble, decompile or reverse engineer any part of the Software or infrastructure of Aliveworld in any way.

10. Warranties/Representations

10.1 You represent, warrant and covenant that you will not upload, post, transmit, use or distribute or otherwise publish through the Website any content which;

(a) restricts any user from using the Website; or

(b) is unlawful, threatening, inflammatory, defamatory, malicious, obscene, pornographic or sexually explicit; or

(c) violates, plagiarizes, or infringes third party/copyright or any other proprietary right; or

(d) contains any information of a commercial nature without Aliveware's prior written consent; or

(e) constitutes or contains false or misleading indications of origin or statements of fact;

(f) could be detrimental to the goodwill of Aliveware, any person or entity responsible for creating communities in Aliveworld or who is a Publisher (a "Partner") of Aliveware, or any member of Aliveworld; or

(g) may constitute a criminal offence; and

10.2 You further warrant that you are at least thirteen (13) years of age.

11. Indemnity in relation to Aliveworld

11.1 You hereby agree to indemnify, defend and hold Aliveware and Partners and all its or their officers, directors, agents, employees, contractors, affiliates, licensors, licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including attorney/client costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, the Privacy Notice, Aliveware policies or other terms and conditions on the Website or applicable to the Aliveguides.  You shall cooperate as fully as reasonably required in the defense of any claim.  Aliveware reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not settle any matter without Aliveware's written consent.

12. Third Party Websites

12.1 The Website may contain links to other related World Wide Web Internet sites, resources, and sponsors of the Website.  Links to and from websites or to other third party sites, maintained by third parties, do not constitute an endorsement by Aliveware or any of its subsidiaries or affiliates of their contents. Aliveware disclaims any and all responsibility for content contained in any third party information provided through links from the Website.

13. Disclaimers

13.1 Aliveware and its Partners do not, and neither do any of its or their directors, officers or agents, represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information (including without limitation any health or medical advice, opinion or recommendation) displayed or distributed through the Website, including in any Aliveguide.  You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. 

13.2 You also acknowledge that you do not rely on Aliveworld or Aliveguides to be without problems which may cause malfunctions or stoppage resulting in loss, injury or damage to yourself or any business or organization of any kind in which you work.

13.3 Aliveware and the Publishers reserve the right, in their sole discretion, to correct any errors or omissions in any portion of the Website without any liability to you.

13.4 Aliveware does not and cannot review all materials posted to the Website by Members, Licensees and others and Aliveware is not responsible for any such materials posted by users or any Partner or their personnel, agents or contractors.  However, Aliveware reserves the unfettered right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Aliveware's sole discretion are objectionable or in violation of these Terms.

14. Limitation of Liability

IN NO EVENT SHALL ALIVEWARE, ITS SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CONTENT, ADVICE, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM THE SERVICES PROVIDED BY ALIVEWARE, ACCESS TO AND USE OR MISUSE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR ANY AND ALL INFORMATION STORED, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE OR WHETHER OR NOT ALIVEWARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

14.1 IF ALIVEWARE IS FOUND LIABLE FOR ANY LIABILITY ARISING UNDER THESE TERMS IN TORT, OR UNDER ANY OTHER BASIS OR THEORY OF LEGAL LIABILITY, YOU AGREE THAT ALIVEWARE'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE SUM OF US$1,000.00.

14.2 ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14.3 YOU SPECIFICALLY ACKNOWLEDGE THAT ALIVEWARE SHALL NOT BE RESPONSIBLE FOR THE USE OF THE WEBSITE BY YOU OR ANY CONTENT OR INFORMATION PRODUCED BY YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM AND/OR DAMAGE RESTS WITH YOU.

14.4 THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS".  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALIVEWARE AND ITS SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE EXCEPT AS MAY BE EXPRESSLY STATED, OR THE FUNCTIONS MADE ACCESSIBLE THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR LINKS TO THIRD PARTIES WEBSITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. 

14.5 ALIVEWARE AND ITS SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR THE PARTICULAR PURPOSE.  ALIVEWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE OR FREE OF INACCURACIES, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

15. Waiver of Rights

15.1 Other than where you are acting as an approved Partner of Aliveware or you are inputting private information and data for your use only or engaging in any form of private communication through the Website, you hereby acknowledge you are making communications in the public domain for public use, and YOU FOREGO ANY AND ALL INTELLECTUAL PROPERTY RIGHTS AND WAIVE ALL RIGHTS TO ANY CLAIM AGAINST ALIVEWARE FOR ANY ALLEGED OR ACTUAL INFRINGEMENTS OF ANY PROPRIETARY RIGHTS, RIGHTS OF PRIVACY, MORAL RIGHTS, AND RIGHTS OF ATTRIBUTION and you grant to Aliveware a non-exclusive, perpetual, worldwide, irrevocable, unrestricted, royalty free license to copy, license, sublicense, adapt, distribute, display, reproduce, transmit, modify, edit and otherwise use such communications, in all media now known or hereafter developed.

16.  Confidentiality

16.1 You acknowledge that transmissions to and from the Website are not confidential and your communication may be read or intercepted by others.  You acknowledge that by submitting information to Aliveworld, no confidential, fiduciary, contractually implied or other relationship is created between you and Aliveware other than pursuant to these Terms which include by reference the Privacy Notice available at http://www.aliveworld.com/privacy-policy.aspx.

17. Governing Law

17.1 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF NEW ZEALAND WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.  SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE AGREEMENT SHALL BE AN APPROPRIATE COURT LOCATED IN AUCKLAND, NEW ZEALAND.

18. Entire Agreement

18.1 This Agreement constitutes the entire agreement between Aliveware and you with respect to your use of the Website. 

19. Severability

19.1 If for any reason a court of competent jurisdiction finds any provision in the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. 

20. Assignment

20.1 You acknowledge and agree that Aliveware may transfer or assign this Terms of Use to another party without removing or affecting your rights and obligations under this Terms of Use.

20.2 You agree that you will not transfer or assign your rights under these Terms to any third party without obtaining Aliveware's prior consent in writing.

21. Electronic Communication

21.1 You acknowledge and agree to the use of electronic communication in order to enter into contracts, place orders, to provide information and to receive from Aliveware notices and records of transactions. 

22. International Users

22.1 If you access the Website outside of New Zealand you do so at your own risk and are responsible for the law of your jurisdiction.  Information submitted to the Website or incorporated with any Aliveware software will be deemed to be transferred to Aliveware's server and governed by the laws of New Zealand and you irrevocably agree to such transfer.

Last updated 23 August 2008