Revised May 31, 2006
ALLIVIA LINKING POLICY
Unless you have a written agreement in effect with
Allivia, Inc. ("Allivia") which states otherwise, you
may only provide a hypertext link to Allivia.com
("Allivia Website") on another website subject to the
following terms and conditions of this Allivia Linking
Policy Agreement ("LPA"):
You represent as, or on behalf of, the rightful owner
of the website, that you have the full authority and
capacity as the proper legal agent or representative to
bind the owner to the terms and conditions of this LPA;
Use of the link is subject to the Allivia Terms And
Conditions Of Service;
You must submit a request to have your website linked
to support@allivia.com and include your name, email
address for correspondence and notification purposes,
company name, telephone number and website address. By
submitting the request, you agree that you have read,
understand and accept the terms and conditions of this
LPA and the Allivia Terms And Conditions Of Service,
hereby referenced, in which this LPA is
incorporated;
You may establish the link only after receiving an
email reply from support@allivia.com which acknowledges
linking subject to terms and conditions of this LPA and
the Allivia Terms And Conditions Of Service;
Your continuing establishment of this link shall
indicate the your consent to be bound by the terms and
conditions of this LPA and Allivia Terms And Conditions
Of Service, and/or as may be from time to time amended
by Allivia to permit any continuing link. Amendments and
notice thereof, shall be effectively upon the posting of
any revisions to the Allivia Website. You shall be
responsible for regular review of this LPA. If, at any
time, you do not wish to accept the terms and conditions
of this LPA, you must immediately discontinue linking to
the Allivia Website;
The link must be either: a) a text-only link clearly
marked "Allivia" or "Allivia.com"; or b) an Allivia
button containing the Allivia logo, which will be
emailed to you, and which Allivia grants limited license
to use under the terms and conditions in this LPA;
The link must direct a user to the Allivia.com Home
Page and not to any other pages on the website;
The link must not in any manner appear to convey
association, endorsement or sponsorship of any element
of the website by Allivia;
The link, when activated by a user, must display the
Allivia Website full-browser window and not within a
frame on the linked web site;
You establish and provide the link at your sole
risk;
You may not link to the Allivia Website any website
containing any damaging, defamatory, harmful, illegal,
inappropriate, indecent, obscene, profane content,
information, material or topic, or which infringes any
applicable intellectual property, proprietary, privacy
or publicity rights;
You shall forever defend, indemnify and hold harmless
Allivia from and against any and all actions, attorney
fees, claims, costs, expenses, liabilities, proceedings,
damages or losses, whether consequential, direct,
indirect, exemplary, incidental, special, punitive or
other damages or losses, arising in contract, tort,
negligence, strict liability or otherwise, even if
Allivia has been advised of the possibility of any such
damages or losses, relating to your breach on any
provision in this LPA, including, without limitation,
any emotional, mental, physical or other personal
disability, discomfort, distress, injury, malady,
sickness, or trauma therefrom; however, Allivia shall
waive no legal privileges or rights whatsoever in any
such event;
Allivia may, at any time, without prior notice to
you, assign or transfer any or all of its rights herein,
in whole or part;
Neither this LPA, nor any rights in this LPA, may be
assigned without prior written consent from Allivia.
Rights are non-assignable and non-transferable, and
terminate upon your death or dissolution. You shall have
no third party beneficiaries to this LPA, except as
otherwise expressly provided herein;
The laws of the United States and the State of
Colorado shall govern this LPA without respect to
conflict of law. You consent to submit to the forum and
venue located within the State of Colorado, including
mediation or arbitration, which may be selected by
Allivia, at its sole option, for dispute resolution or
any matter which may arise in connection with
Allivia;
If any provision of this LPA is invalid or
unenforceable under applicable law, it shall be
superceded by a valid and enforceable provision most
closely matching the intent of the original provision,
and the remaining provisions shall continue in full
force and effect;
The singular shall include the plural, and the plural
shall include the singular;
The failure of
Allivia.com to exercise or enforce any right or
provision of this LPA shall not constitute a waiver of
such right or provision whatsoever, or of any other
right or provision in this LPA;
Allivia reserves the right at any time to revoke its
consent to the link and to terminate this LPA with or
without cause effectively immediately, and without
liability or further obligation on the part of Allivia
to you or any third party. Allivia shall terminate this
Link Policy, and any license, permission or rights
granted by this LPA, immediately without notice upon
your breach or misrepresentation, or determination by
Allivia of your misrepresentation, or breach of any
provision, herein. You may terminate this LPA at any
time without notice by discontinuing any link. Allivia
reserves all rights for remedies at law and in equity
for any such breach of this LPA Agreement by you;
You agree that irrespective of any statute or law to
the contrary, any claim or cause of action arising out
of or related to this link or this LPA must be filed
within one (1) year after such claim or cause of action
arose or shall be forever waived by you;
This LPA shall commence upon your initial placement
of a link to the Allivia Website on your website, and
shall remain in effect until termination, provided that
any and all other affirmation, agreement, consent,
indemnification, respresentation and waiver provided by
you, as well as disclosure and disclaimer provided by
Allivia, in this LPA shall survive termination; nor
shall termination waive for Allivia the exercise or
enforcement of, any or all other rights or provisions of
this LPA;
Notice to you, other than that provided by any
posting to the Allivia website, shall be sent to the
email address you have provided. Notice to Allivia may
be sent to support@allivia.com; and
You may submit any other questions regarding linking
to
support@allivia.com