Terms and Conditions of Use
This website, livecompliance.com (the “Site”), is owned and operated by Live Compliance, LLC (“Live Compliance”), which includes its funders, successors, corporate parents, subsidiaries, affiliates, officers, directors, agents, developers, joint ventures, advertisers, distributors, and attorneys (collectively, the “Affiliated Entities”).
The following terms and conditions (the “Terms and Conditions”) govern your access to and use of this Site, any related applications provided by Live Compliance, LLC, and any content, features, or functionality made available through the Site, including any subdomains thereof (collectively, the “Website”). The Website is provided by Live Compliance, LLC or its subsidiaries (“we,” “us,” or “our”), each of which has adopted these Terms and Conditions regarding the use of the Website.
We may update these Terms and Conditions from time to time at our discretion. Any changes will be posted on the Website, and your continued use of the Website constitutes your acceptance of the revised Terms and Conditions. By accessing or using the Website, you agree to be bound by these Terms and Conditions. If you do not agree, you must not access or use the Website.
These Terms apply to all users of the Website, including any information, text, graphics, video, data, or other materials created and/or provided by Live Compliance or appearing on the Site.
IF YOU ARE USING THE WEBSITE ON BEHALF OF A BUSINESS OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS OR ENTITY TO THESE TERMS. YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THAT BUSINESS OR ENTITY, AND “YOU” AND “YOUR” WILL REFER TO THAT BUSINESS OR ENTITY.
Intellectual Property, Proprietary Rights, and Trademarks
As between you and Live Compliance, LLC (“we,” “us,” or “our”), we own, solely and exclusively, all rights, title, and interest in and to the Website, including, but not limited to, all content (such as audio, photographs, illustrations, graphics, other visuals, video, text, software, titles, etc.), code, data, and materials thereon, the look and feel, design, and organization of the Website, and the compilation of the content, code, data, and materials on the Website. This includes, but is not limited to, all copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights.
Trademarks, trade names, service marks, and logos used or displayed on this Website are the registered and unregistered trademarks, trade names, and service marks of Live Compliance, LLC and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names, and service marks of their respective owners.
Nothing on this Website grants, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on this Website without the express written permission of Live Compliance, LLC or the respective owner.
Your use of the Website does not grant you ownership of any content, code, data, or materials you may access on or through the Website. You are strictly prohibited from modifying, copying, reproducing, creating derivative works from, republishing, uploading, posting, transmitting, distributing, or otherwise using any of the information or materials displayed on or available through this Website for any public or commercial purpose without prior written permission from us. Any unauthorized use of such information or materials may violate copyright laws, patent laws, trademark laws, privacy and publicity laws, and other applicable regulations.
You further agree not to:
1. Attempt to reverse engineer, decompile, disassemble, or otherwise reduce to a human-perceivable form any of the source code or underlying ideas or algorithms of any part of the Website, except as expressly permitted by applicable law.
2. Use any automated system, software, or technology to extract or scrape data from the Website for any purpose without our express written consent.
3. Access or use the Website for the purpose of developing a competing product or service, or to aid in the reverse engineering of our products, services, or technology.
Any unauthorized use of the Website or its content is strictly prohibited and may result in legal action.
Legal Representation Disclaimer
At Live Compliance, we are committed to delivering the highest level of compliance consulting services to our clients. Our guidance, training, and resources are designed to assist you in understanding and adhering to relevant regulatory requirements.
However, Live Compliance does not practice law, and the information provided through our services, Website, or any related materials should not be construed as legal advice. Our services are intended to complement, not replace, professional legal counsel.
You should not rely on Live Compliance as legal representation. We strongly recommend that you seek advice from a qualified attorney regarding any legal matters or issues that may arise in connection with your use of our services. Live Compliance disclaims any and all liability related to actions taken or not taken based on the information provided through our services.
By using our services, you acknowledge and agree that Live Compliance is not acting as your attorney, nor are we establishing an attorney-client relationship.
Accuracy of Information
We strive to ensure that the information on this Website is complete, accurate, and up to date. However, despite our best efforts, the information on this Website may occasionally be inaccurate, incomplete, or outdated. We make no representations or warranties regarding the completeness, accuracy, or timeliness of any information on this Website.
Third Party Links
From time to time, this Website may contain links to websites that are not owned, operated, or controlled by Live Compliance, LLC or its affiliates (including, but not limited to, cms.org). These links are provided solely as a convenience to you. If you choose to use these links, you will leave our Website.
Live Compliance, LLC and its affiliates are not responsible for any content, materials, or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, including any content, materials, or information found there, or the results that you may obtain from using those websites.
Your decision to access any third-party website linked to or from this Website is entirely at your own risk.
Inappropriate Material
You are strictly prohibited from posting or transmitting any content that is unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
In addition to any other remedies available to us at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate these prohibitions, we reserve the right to take any action we deem necessary to address or prevent the violation. This may include, without limitation, the immediate removal of the offending materials from the Website.
We will fully cooperate with any law enforcement authorities, court orders, or subpoenas requesting or directing us to disclose the identity of anyone posting such materials.
User Information
Other than personally identifiable information, which is governed by this Website’s Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to this Website in any manner (“User Communications”) will be considered non-confidential and non-proprietary.
Please note that personally identifiable information that you voluntarily post on any publicly viewable area of this Website (such as in customer reviews) is not subject to this Website’s Privacy Statement and will be treated as User Communications.
By submitting or posting User Communications, you grant us and our affiliates, and our or their designees, the right to use, reproduce, transmit, disclose, publish, broadcast, develop, manufacture, and/or market any or all such User Communications in any manner, for any commercial or non-commercial purpose, without any obligation to compensate you.
We may, but are not obligated to, monitor or review any User Communications, and we reserve the right to remove any User Communications that we, in our sole discretion, deem inappropriate or unacceptable.
We are under no obligation to use, return, review, or respond to any User Communications, and we assume no liability for the content of any User Communications, whether under the laws of copyright, libel, privacy, obscenity, or otherwise.
Warranty Disclaimer
THIS WEBSITE, INCLUDING ALL CONTENT, SITE-RELATED SERVICES, AND PRODUCTS PROVIDED THROUGH IT, IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. LIVE COMPLIANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, ANY SITE-RELATED SERVICES, AND ANY LINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY LIVE COMPLIANCE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS DISCLAIMER.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LIVE COMPLIANCE, LLC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, ANY CONTENT OR INFORMATION PROVIDED ON THE WEBSITE, OR ANY LINKED WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER LIVE COMPLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, OR ANY LINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Live Compliance, LLC, its affiliates, subsidiaries, officers, directors, employees, successors, and assigns from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or related to your use of the Website, your connection to the Website, your violation of these Terms and Conditions, or your infringement of any rights of another party.
Live Compliance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully with Live Compliance’s defense of such claim. This indemnification obligation will survive the termination of these Terms and Conditions.
Exclusion Verification
The exclusion verification module provided by Live Compliance is designed to assist in searching and identifying excluded parties, such as those listed by the Office of Inspector General (OIG). Live Compliance assumes no liability for the use of the data obtained through this module. The search results and data are provided “as is,” without any warranties, express or implied, including, but not limited to, warranties of accuracy, completeness, or fitness for a particular purpose.
By using this module, you acknowledge and agree that:
Searching by query alone may not be sufficient to identify all relevant excluded parties.
Live Compliance shall not be liable for any direct, special, incidental, indirect, or consequential losses or damages, including but not limited to lost business revenue, lost profits, loss of data, damages, fines, punitive or exemplary damages, or the failure to realize expected profits or savings, even if such losses result from an incorrect search query or data provided by the module.
You understand and agree that the responsibility for the final verification and decision-making process rests solely with you, the user.
Lightweight Agent
The Detect and Respond module provided by Live Compliance is a lightweight agent designed to scan your devices for vulnerabilities. While this tool aims to identify potential security risks, Live Compliance makes no guarantees or warranties, express or implied, regarding the effectiveness, accuracy, or completeness of the scans conducted by this agent.
By using the Detect and Respond module, you acknowledge and agree that:
The module is provided “as is,” and Live Compliance disclaims any liability for any issues, including but not limited to undetected vulnerabilities, false positives, false negatives, or any other inaccuracies in the scan results.
Live Compliance shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of business revenue, lost profits, loss of data, security breaches, damages, fines, or any other losses that may result from the use of this module or the information generated by it.
The use of this module does not guarantee the prevention of security breaches, unauthorized access, or other cyber threats, and it is not a substitute for comprehensive security measures and practices.
You understand and agree that the responsibility for implementing additional security measures and making informed decisions based on the scan results rests solely with you, the user.
Changes to Terms and Conditions
We reserve the right, at our sole discretion, to modify, add, or remove any portion of these Terms and Conditions, in whole or in part, at any time. Any changes to the Terms and Conditions will become effective immediately upon being posted on the Website. Your continued use of the Website and/or the services available through the Website after any such changes have been posted constitutes your acceptance of the revised Terms and Conditions.
Termination
We reserve the right to terminate, change, suspend, or discontinue any aspect of the Website or the services provided through the Website at any time and without notice or liability. We may also restrict, suspend, or terminate your access to the Website and/or its services if we believe, in our sole discretion, that you are in violation of these Terms and Conditions, applicable law, or for any other reason. Additionally, we enforce a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of intellectual property rights.
Fees and Payments
At the time of Contract or Agreement renewal, the associated fee will automatically be charged to the last Credit Card or payment method you provided to us. You will have the option to update your payment information if you prefer to use a different Credit Card or ACH account for the renewal payment. Please note that payments are subject to a processing fee.
Contract Renewal: Unless otherwise specified in your Contract or Agreement, your Contract will automatically renew for the same term as the initial agreement unless you provide us with a written notice of cancellation at least sixty (60) days prior to the renewal date. This notice must come from a person of responsibility within your organization, such as an officer, director, or authorized manager, and must clearly state your intent not to renew the Contract for the upcoming term.
If you do not provide the required 60-day written notice, your Contract will automatically renew for the next term as described in your original Contract, and the payment for that renewal term will be processed using the payment method on file. You will be responsible for the full payment of the renewed term as specified in the Contract.
Non-Dispute of Charges: By entering into your Contract, you agree that all charges associated with the renewal of your Contract are valid and binding. You agree not to dispute, charge back, or request a reversal of any charges processed in accordance with the terms of this Contract. Any attempt to dispute or charge back such charges will be considered a breach of this Contract, and you will remain fully liable for all fees and costs associated with the Contract, including any costs incurred by Live Compliance in responding to or contesting such actions.
Scope of Services and Employee Count: The terms and fees of this Contract, including any renewals, are based on the scope of your business operations as they were at the time of entering into the original Contract or the most recent renewal. You agree that any attempt to materially reduce the scope of services, such as reducing the number of covered employees to a level inconsistent with your business operations, is not permitted unless expressly agreed to by Live Compliance in writing. Should you attempt to reduce the program to an unreasonably low level, Live Compliance reserves the right to enforce the terms of the original or renewed Contract, including requiring payment based on the original scope of services and employee count.
To provide notice of non-renewal, change your payment method, or for any other inquiries, please contact our accounting department via email at accounting@livecompliance.com
Applicable Laws; Jurisdiction
These Terms and Conditions are governed by and will be construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or related to your use of the Website shall be brought exclusively in the federal or state courts located in Delaware. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
Entire Agreement
These Terms and Conditions, along with any policies or operating rules posted by Live Compliance on this Website, constitute the entire agreement and understanding between you and Live Compliance regarding the subject matter herein. These Terms supersede all prior or contemporaneous communications, proposals, understandings, and agreements, whether oral or written, between you and Live Compliance. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Additional Assistance
If you have any questions, comments, or require further clarification regarding these Terms and Conditions, please do not hesitate to contact us. You can reach us at:
Live Compliance, LLC
Attn: Privacy Manager
15333 N Pima Rd., Suite 305
Scottsdale AZ 85260
Email: admin@livecompliance.com
Phone: (980) 999-1585
These Terms and Conditions were last updated on January 1, 2024