Effective Date of this
version: March 13, 2019
Thank you for visiting
www.liviri.com (the “Website”). This Website is operated by Otter
Products, LLC (“Liviri”), located at 209 S. Meldrum Street, Fort Collins, CO 80521.
Access to and use of
this Website and its Content are subject to all applicable laws and regulations
which form a legally binding agreement. If you do not agree, please exit this
be changed by us from time to time without specific notice to you. The latest
ACCESS TO THIS WEBSITE
(OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS, OR
SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED,
AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
The term “Content” refers to all of the software and code comprising or used
to operate this Website, and all of the text, photographs, images,
illustrations, graphics, sound recordings, video and audio-video clips, and other
materials available on this Website.
The terms “Liviri” “Liviri” “Otter Products,” “Liviri,” “Otter,”
“LifeProof,” “we,” “us,” and “our” refer to Otter
The term “Feedback” refers to the Content you post on or through this Website
that is specifically about how we can improve this Website and the products and
services we make available through this Website.
The terms “Personally
Identifiable Information” and “PII” refer to
individually identifiable information about you that could permit one to
identify or contact you. Examples of PII include your name, address, and email
The term “User-Generated
Content” refers to all of the text, photographs,
images, illustrations, graphics, sound recordings, video, audio-video clips,
and other material that you post on or through our Website using the social
networking tools we make available to you and that does not constitute
Feedback. One way that User-Generated Content differs from other information
you provide to us is that, once submitted, User-Generated Content is made
available instantaneously to others. Examples of User-Generated Content are
information you provide as part of a product review and comments you make in
response to a blog post.
The term “Website” refers to liviri.com, which is owned and operated
by Otter Products, LLC.
The terms “you” and “your” mean any user of this Website.
This Website is a
business and commercial site. As such, it is not intended for children or
minors under the age of 18 years without the permission of a parent or
Product & Services
All references on this
Website to information, materials, products, and services apply to information,
materials, products and services available in the countries or jurisdictions
specified with respect to such information only, unless otherwise stated.
Nothing in this Website constitutes an offer to buy or sell our products or
services in any jurisdiction.
indicated, this Website and all of its Content are owned by Liviri, its
licensors or other providers of such material and are protected by United
States and international copyright, trademark, patent, trade secret and other
intellectual property or proprietary rights laws. ALL RIGHTS RESERVED.
The posting of any
Content on this Website does not constitute a waiver of any right in such
Content. You do not acquire ownership rights to any Content viewed through this
Website. Except as otherwise provided herein, none of this Content may be used,
copied, reproduced, distributed, republished, downloaded, modified, displayed,
posted or transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise, without our
express prior written permission.
Permission is hereby
granted to the extent necessary to lawfully access and use this Website and its
Content to display, download, archive and print in hard copy, portions of this
Website on a temporary basis and for your individual use only, provided you do
not modify the materials and that you retain any and all copyright and other
proprietary notices contained in the materials.
You must not access or
use for any commercial purposes any part of the Website or any services or
materials available through the Website.
If you print, copy,
modify, download or otherwise use or provide any other person with access to
will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made. No right, title or interest in or to the
Website or any content on the Website is transferred to you, and all rights not
expressly granted are reserved by Liviri. Any use of the Website not expressly
violate copyright, trademark and other laws.
The Liviri logo, all
product names, all page headers, all custom graphics, all button icons, all
trademarks, service marks and logos appearing on this Website (including, but
not limited to those listed on our Intellectual Property webpage), unless
otherwise noted, are service marks, trademarks (whether registered or not)
and/or trade dress of Liviri (the “Marks”). All other trademarks, product
names, company names, logos, service marks and/or trade dress mentioned,
displayed, cited or otherwise indicated on the Website are the property of
their respective owners. You are not authorized to display or use the Marks in
any manner without our prior written permission. You are not authorized to
display or use trademarks, product names, company names, logos, service marks
and/or trade dress of other owners without the prior written permission of such
owners. The use or misuse of the Marks or other trademarks, product names,
company names, logos, service marks and/or trade dress or any other materials
contained herein, except as permitted herein, is expressly prohibited.
User-Generated Content Posted on or Through this Website
You are responsible for
User-Generated Content that you post. Under no
circumstances will we be liable in any way for any User-Generated Content.
This means that you,
not Liviri, are entirely responsible for all User-Generated Content that you
post and that you can be held personally liable for comments that are
obligation of confidentiality, or the rights of others. If any part of the
User-Generated Content you post is not your original work, it is your
responsibility to obtain any necessary permission to post it.
Because we do not
control the User-Generated Content posted on or through this Website, we cannot
and do not warrant or guarantee the truthfulness, integrity, suitability, or
quality of that User-Generated Content. You also agree and understand that by
accessing this Website, you may encounter User-Generated Content that you may
consider to be objectionable. We have no responsibility for any User-Generated
Content, including without limitation any errors or omissions therein. We are
not liable for any loss or damage of any kind you may claim was incurred as a
result of the use of any User-Generated Content posted, emailed, transmitted or
otherwise made available on or through this Website. The User-Generated Content
posted on or through this Website expresses the personal opinions of the
individuals who posted it and does not necessarily reflect the views of Liviri
or any person or entity associated with Liviri.
You own User-Generated Content,
but we may use it. You own the
copyright in any original User-Generated Content you post. We do not claim any
copyrights in User-Generated Content. However, by using this Website you are
granting us and our subsidiaries, affiliates, successors and assigns, a
nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free,
transferable license (with the right to sublicense through unlimited levels of
sublicensees) to use, copy, modify, distribute, publicly display and perform,
publish, transmit, remove, retain repurpose, and commercialize User-Generated
Content you post in any and all media or form of communication whether now
existing or hereafter developed, without obtaining additional consent, without
restriction, notification, or attribution, and without compensating you in any
way, and to authorize others to do the same. For this reason, we ask that you
not post any User-Generated Content that you do not wish to license to us,
including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove
User-Generated Content. Liviri has
certain rights. We have the right (but do not assume the obligation) to:
- monitor all User-Generated Content;
- require that you avoid certain subjects;
- remove or block any User-Generated Content at any time without
notice at our sole and absolute discretion;
- disclose any User-Generated Content and the identity of the user
who posted it in response to a subpoena or whenever we believe that disclosure
is appropriate to comply with the law or a court order, to prevent or
investigate a possible crime or other violation of law, to protect the rights
access to and use of this Website, or to modify, edit or block your
transmissions thereto in our sole discretion.
You agree that our
exercise of such discretion shall not render us the owners of User-Generated
Content you post, and that you will retain ownership thereof as described
Restrictions on User-Generated
- you do not upload, post, transmit or otherwise make available:
- any User-Generated Content that is unlawful, harmful, hateful,
threatening, abusive, harassing, libelous, defamatory, obscene, vulgar,
pornographic, profane, racially disparaging, indecent, or invasive of another’s
- any User-Generated Content that constitutes or encourages activity
illegal under criminal or civil law;
- any User-Generated Content that is false, misleading, or
- any User-Generated Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such
as inside information or proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
- any User-Generated Content that violates or infringes upon the
rights of others, including User-Generated Content which violates the patent
rights, copyrights, trademark rights, privacy rights, publicity rights, trade
secret rights, confidentiality rights, contract rights, or any other rights of
any individual, living or deceased, or any legal entity;
- any User-Generated Content that contains the image, name or
likeness of anyone other than yourself, unless (i) that person is at least
eighteen years old and you have first obtained his/her express permission or
(ii) that person is under eighteen years old but you are his/her parent or
- any request for or solicitation of any personal or private
information from any individual;
- any request for or solicitation of money, goods, or services for
- any material that 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
- any User-Generated Content that contains advertising, promotions
or marketing, or which otherwise has a commercial purpose;
- you do not impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity; or
- you do not violate any local, state, national or international
law, rule or regulation.
User-Generated Content, you represent and warrant that (i) you own or otherwise
control all of the rights to the User-Generated Content and have the right to
Content is accurate, and (iii) you are at least eighteen years old and you have
read and understood—and your User-Generated Content fully complies with—these
In general. On certain pages of this Website, we may provide to you a
tool to report objectionable User-Generated Content. If that tool is not
available, you can report objectionable User-Generated Content by contacting us
using the information provided below. While we do not have any obligation to
remove any User-Generated Content from this Website merely because of a removal
request, we will review all such requests and will remove User-Generated
Content that we determine should be removed, in our sole discretion and in accordance
the User-Generated Content has already been distributed to other websites or
published in other media, we will not be able to recapture and delete it. Also,
a back-up or residual copy of the User-Generated Content we remove from this
Website may remain on back-up servers.
Violation of copyrights. Liviri does not knowingly violate or permit others to
violate the copyrights of others. We will promptly remove or disable access to
material that we know is infringing or if we become aware of circumstances from
which infringing activity is apparent.
If you are requesting
removal of content because of a violation of your copyrights, please note that
the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe that your own work, or
the work of a third party for whom you are authorized to act, is featured on
this Website or has been otherwise copied and made available on this Website in
a manner that constitute copyright infringement, please notify us immediately.
Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or 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
- a description of where the material that you claim is infringing
is located on this Website (including the URL, title and/or item number if
applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if
you are not the owner of the copyright, the name of the owner; and
- a written 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
- 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.
Your statement must be
addressed as follows:
Manager – Copyright
Otter Products, LLC
209 S. Meldrum Street
Any notification by a
copyright owner or a person authorized to act on its behalf that fails to
comply with requirements of the DMCA shall not be considered sufficient notice
and shall not be deemed to confer upon us actual knowledge of facts or
circumstances from which infringing material or acts are evident.
Although we do not
claim ownership of User-Generated Content you post using this Website, the
Feedback you provide to us through this Website will be and remain our exclusive
property. Your submission of Feedback will constitute an assignment to us of
all worldwide rights, title and interests in your Feedback, including all
copyrights and other intellectual property rights in your Feedback. We will be
entitled to reduce to practice, exploit, make, use, copy, disclose, display or
perform publicly, distribute, improve and modify any Feedback you submit for
any purpose whatsoever, without restriction and without compensating you in any
way. For this reason, we ask that you not send us any Feedback that you do not
wish to assign to us.
Links to Other Sites
This Website may
contain links and/or advertisements to other websites maintained by us in
addition to links to websites maintained by unrelated companies and persons. An
advertisement of, or link to, a non- Liviri website does not mean that we
approve, endorse or accept any responsibility for that website, its content or
use, or the use of products and services made available through such website.
We are not responsible
for the actions, content, accuracy, opinions expressed, privacy policies,
products or services provided through these links or made available through
these resources or appearing in such websites, nor for any damages or losses,
directly or indirectly, caused or alleged to have been caused as a result of
your use or reliance on such websites.
Such websites are not
investigated, monitored or checked for accuracy, completeness or conformance
with applicable laws and regulations by us. We do not make any representations
whatsoever, or give any warranties of any kind, expressed, implied, or otherwise
about other websites which you may access through this Website, the content
thereof, or the products and/or services made available through such websites.
If you decide to leave our Website and access these other websites, you do so
at your own risk. All rules, policies (including privacy policies) and
operating procedures of such websites will apply to you while on such websites.
By agreeing to these
Personally Identifiable Information provided to us as a result of your use of
WE MAKE NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT,
WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE”
BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND
ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS
SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING
VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE
INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS
LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY
REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY
OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU
ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER
REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and
all other materials on this Website are provided for general information
purposes only and do not constitute professional advice. It is your
responsibility to evaluate (or take professional advice on) the accuracy and
completeness of all information, statements, opinions and other material on
this Website or any website with which it is linked.
Your statutory rights
as a consumer, if any, are not affected by these provisions, and we do not seek
to exclude or limit liability for fraudulent misrepresentation.
Exclusion of Liability
To the fullest extent
permitted by applicable laws we, on behalf of our employees, agents, suppliers,
and contractors, exclude AND DISCLAIM liability for any losses and expenses of
whatever nature and howsoever arising including, without limitation, any
direct, indirect, special, punitive, or consequential damages, loss of use,
loss of data, loss caused by a virus, loss of income or profit, loss of or
damage to property, claims of third parties, or other losses of any kind or
character, even if we have been advised of the possibility of such damages or
losses, arising out of or in connection with the use of this website or any
website with which it is linked. You assume total responsibility for
establishing such procedures for data back up and virus checking as you
consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER
give you specific legal rights and you may also have other rights which vary
from country to country, and jurisdiction to jurisdiction. Some jurisdictions
do not allow the exclusion of implied warranties, or certain kinds of
limitations or exclusions of liability, so the limitations & exclusions set
limitations and exclusions subject to certain conditions. In such a case the
fullest extent permitted by the laws of such applicable jurisdictions. The
within the State of New Jersey to the extent they disclaim liability for our
own negligent, willful, or intentional conduct, or violation of any clearly
established duty owed by Liviri to exercise reasonable care in preventing the
unlawful acts of others.
You are responsible
for providing and maintaining all personal computer and communications
equipment and Internet access accounts necessary to gain access to this
In consideration of
your use of the Website, you agree to provide true, accurate, current and
complete information about yourself.
including your username and password, are personal to you and may not be used
by anyone else. You are responsible for maintaining the confidentiality of your
password and username and are fully responsible for all activities that occur
under your password or username by you or by anyone else using your username
and password, whether or not authorized by you. You agree to immediately inform
us of any apparent breaches of security such as loss, theft or unauthorized
disclosure or use of your username or password and contact Liviri at
(1-855-688-7269) and until we are so notified you will remain liable for any
unauthorized use of your account.
You agree to use the
Website in a manner consistent with any and all applicable rules and
regulations. You agree not to upload or transmit through the Website any
computer viruses, trojan horses, worms or anything else designed to interfere
with, interrupt or disrupt the normal operating procedures of a computer. Any
unauthorized modification, tampering or change of any information, or any
interference with the availability of or access to this Website is strictly
prohibited. Liviri reserves all rights and remedies available to it.
You agree to
indemnify, release and hold us harmless as well as our officers, directors,
agents, representatives and employees from any claim, liability, loss, expense
or demand, including legal fees, related to your violation of these Terms of
Use or your access or use of this Website (including any information,
materials, products or services available through this Website).
obligation does not apply in the State of New Jersey for any claim, liability,
loss, expense or demand, including legal fees, arising out of our own
We reserve the right
at any time and from time to time to modify, edit, delete, suspend or
discontinue, temporarily or permanently this Website (or any portion thereof)
and/or the information, materials, products and/or services available through
this Website (or any part thereof) with or without notice. You agree that we
shall not be liable to you or to any third party for any such modification,
editing, deletion, suspension or discontinuance of this Website.
contain the entire understanding between you and us with respect to use of this
Website and no representation, statement, inducement oral or written, not contained
herein shall bind any party to this agreement.
Our failure to enforce
provision nor of the right to enforce such provision, and a waiver by us of any
waiver of such right or any other right on any other occasion. In the event any
and the parties will substitute for the invalid provision a provision which
most closely approximates the intent and economic effect of the invalid
specific legend or statement associated with any particular document or
Law & Jurisdiction
shall be subject to, governed by and construed under the laws of the State of
Colorado in the United States of America, without regard to conflict of law
principles. This Website is operated from the State of Colorado and is intended
to be accessed only by persons in the United States and Canada. Access to, or
use of, this Website or information, materials, products and/or services on
this Website may be prohibited by law in certain countries or jurisdictions.
You are responsible for compliance with any applicable laws of the country from
which you are accessing this Website.
We and you agree that
any dispute or claim relating to any Liviri product or any controversy or claim
of whatever nature arising out of or relating to use of this Website will be
resolved by binding arbitration, rather than in court, with some limited
exceptions listed below.
Governing Law: The resolution
of any disputes shall be governed by and construed in accordance with the
Federal Arbitration Act, federal arbitration law, and the laws of Colorado
without regard to its conflict of laws principles.
Informal Dispute Resolution: Before filing a claim against Liviri, you agree to try to resolve the dispute informally. In the event of a dispute, you must notify Liviri by sending a written statement that sets forth (i) your name, address, and contact information, (ii) the facts giving rise to the dispute, and (iii) the relief requested. You must notify Liviri of a dispute by sending this information to legal@Liviri.com, ATTN: Notice of Dispute. If a dispute is not resolved within thirty (30) days after submission, you may commence arbitration.
Binding Arbitration: If you and Liviri
do not resolve any dispute by informal dispute resolution, any other effort to
resolve the dispute will be conducted exclusively by binding arbitration. You
are giving up the right to litigate all disputes in court before a judge or
jury. All disputes will be resolved before a neutral arbitrator, whose decision
will be final except for a limited right of appeal under the Federal
Arbitration Act. Any court with jurisdiction over the parties may enforce the
arbitrator’s award. The rules governing arbitration are different than those in court.
Arbitration does not involve a judge or jury and review is limited, but an
arbitrator can award the same damages as a court.
Class Action Waiver: Any proceedings
to resolve or litigate any dispute in any forum will be conducted solely on an
individual basis. You may not bring a claim as a plaintiff or a class member in
a class, consolidated, or representative action. Class arbitrations, class
actions, private attorney general actions, and consolidation with other arbitrations
combined with another without the prior written consent of all parties to all
affected arbitrations or proceedings.
Arbitration Procedure & Fees: Any arbitration will be conducted by the American
Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You
may choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the county where you live or at another mutually
agreed location. In any arbitration Liviri commences, Liviri will pay all
filing, AAA, and arbitrator’s fees and expenses. Liviri will also pay all
arbitration fees for claims up to $75,000. For claims involving more than
$75,000, the AAA rules will govern payment of all arbitration fees. Fees and
expenses are not counted in determining how much a dispute involves. Liviri
will not seek its attorneys’ fees and costs in arbitration unless the
arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Neither the agreement to arbitrate nor the informal
dispute resolution process applies to disputes relating to the enforcement or
validity of your, Liviri’s, or either of our licensors’ intellectual property
rights. We also both agree that you or we may bring suit in court to enjoin
infringement or other misuse of intellectual property rights. In addition,
either you or Liviri may assert claims, if they qualify, in small claims court
in Larimer County, Colorado or any United States county where you live or work.
You may litigate in small claims court whether or not you took part in the
informal dispute resolution process. However, you specifically agree that any
Action Waiver section.
Severability: If the class
to all or some parts of a dispute, then it will not apply to those parts.
Instead, those parts will be severed and proceed in a court of law, with the
remaining parts proceeding in arbitration. If any other provision of these
severed with the remainder of these Terms remaining in full force and effect.
Judicial Forum for Disputes: In
the event that the agreement to arbitrate is found not to apply to you or your
claim, you and Liviri agree that any judicial proceeding (other than small
claims actions) will be brought in state court in Larimer County, Colorado.
Both you and Liviri consent to venue and personal jurisdiction there. We both
agree to waive our right to a jury trial.
Limitation on Claims: To the extent
permitted by law, any claim or cause of action arising out of or related to
your use of an Liviri product must be filed in the appropriate forum within one
(1) year after such claim or cause of action arose. If a claim or dispute is
not filed within one year, it is permanently barred.
If you have any
of our friendly Customer Service Specialists at (1-855-688-7269).