Terms of Use

Ownership

Welcome to the Web site at www.LifetoMax.com ("Site") which is owned by NICE Creative, a division of Robin Reynolds Creative, Inc. ("NICE"). This Site is operated by NICE, and materials on the Site are owned, by NICE. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and NICE.

NICE has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and NICE. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at results@nicecreative.com.

NICE reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.

Access and Use

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of NICE or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute in digital form the online materials found on this Site can be made by contacting NICE in writing at NICE Creative, 4645 S. Lakeshore Dr., Suite 16, Tempe, AZ, 85282, or at results@nicecreative.com.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Bulletin Boards, Chat Rooms & Blogs

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively "Messages") to bulletin boards, chat rooms, blogs or other public areas within, or in connection with, this Site (collectively "Forums"). However, NICE accepts no responsibility whatsoever in connection with or arising from such Messages.

NICE does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by NICE prior to posting and do not necessarily reflect the opinions or policies of NICE. NICE makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, NICE reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

NICE assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time NICE chooses, in its sole discretion, to monitor the Forums, NICE nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that NICE accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.

You agree that you will not submit Messages to Forums that:

  • are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
  • violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to NICE that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
  • improperly assume or claim the identity, characteristics or qualifications of another person;
  • are for purposes of spamming;
  • contain any virus or other harmful component;
  • are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
  • are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

You agree that any Message whatsoever submitted by you becomes the property of NICE and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, publicly performed, published, displayed or deleted as NICE sees fit.

You agree to release NICE and its affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

Linked Sites

If NICE has provided links or pointers to other Web sites, no inference or assumption should be made and no representation should be implied that NICE is connected with, operates or controls these Web sites.

NICE is not responsible for the content or practices of third party Web sites that may be linked to this Site. This Site may also be linked to other Web sites operated by companies affiliated or connected with NICE. When visiting other Web sites, however, you should refer to each such Web site's individual "Terms of Use" and not rely on this Agreement.

Disclaimer of Liability and Warranties

While NICE does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that NICE DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that NICE and its affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that NICE is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that NICE is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

Indemnity

You agree to defend, indemnify and hold harmless NICE, and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Other

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of the State of Arizona without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Arizona or, if appropriate, the United States Ninth Circuit District Court for Arizona for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NICE will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to NICE's Designated Agent.

Service Provider(s): NICE Creative

Name/Contact Information of Designated Agent:

Robin Reynolds
Head Noodler
NICE Creative
4645 S. Lakeshore Dr., Suite 16
Tempe, AZ 85282
Phone: 480-731-9626
Fax: 480-731-9808
email: results@nicecreative.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Privacy Policy

Collection

Effective as of November 20, 2007

NICE Creative ("NICE") is a division of Robin Reynolds Creative, Inc, which has adopted a set of Privacy Principles applicable to all its affiliates and websites. NICE has implemented those Principles in this Privacy Policy, which describes how we collect, use and share personally identifiable information ("PII") we obtain from and about individuals located in the United States both online and off-line.

From time to time NICE may revise this Privacy Policy to reflect industry initiatives or changes in the law, our Personally Identifiable Information ("PII") collection and use practices, the features of our Web sites, or technology. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If NICE materially changes its practices regarding the collection or use of your PII, your PII will continue to be governed by the Policy under which it was collected unless you have been provided notice of and have not objected to the change.

COLLECTION: Collection of Personally Identifiable Information ("PII") By NICE Creative

General. NICE collects personally identifiable information ("PII" -- that is, information such as your full name, e-mail address, mailing address or telephone number) only in order to create or enhance our relationship with you. When we collect PII from you it is because you are voluntarily submitting the information to us in order to participate in activities like sweepstakes, contests, games, surveys, forums, subscription registrations, in connection with content or suggestions you submit to us, chats or bulletin boards, or because you want us to furnish you with products, services or information. We may also obtain PII from reputable third parties.

Cookies. Cookies are small bits of information that the NICE Web sites place on the hard drive of your computer. Cookies remember information about your activities on the site and enable the operator of the site to make your visits to our Web sites more enjoyable.

If you have subscribed to be a "member" of NICE and log on to one of our Web sites under your "password", we may employ cookies to identify you as a unique visitor. We also may use cookies in a variety of ways, such as allowing for easier logon and relating your use of our Web sites to non-personally identifiable information you have provided to us, so that we can limit the online ads we display to you to those we believe are consistent with your interests.

We may also use cookies or similar tools to relate your use of our Web sites to PII obtained from you or a reputable third party. For example, if you ask us to send you information about our upcoming products or promotions, cookie and/or click stream data about your activities on NICE Web sites may allow us to limit the material we send you to the types of items we believe you will find interesting, based upon your activities on our sites and your preferences. However, if we wish to coordinate your personal and Web site activity information in this manner, we will obtain your express affirmative consent. Also, our cookies will not contain PII.

You can program your computer to warn you each time a cookie is being sent or to refuse cookies completely.

NOTICE: NICE Will Provide You with Notice About its PII Collection Practices

When you voluntarily provide PII to NICE, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses we will make of the information.

At the time you provide your PII, NICE will notify you of your options regarding our use of your PII, including whether we will share it with outside companies (See "Choice" below). This Policy describes the types of other companies that may want to send you information about their products and services and therefore may want to share your personal information, provided you have given NICE permission to do so (See "Use" below).

Sometimes we collect personally identifiable information from consumers in manual format or off-line, such as a post card or subscription form. Providing detailed notice in those situations often proves impractical, so consumers will instead be provided with a short notice that describes how to obtain the full text of this Policy and other relevant information from us.

NICE's Web sites may be linked to Internet sites operated by other companies. Some of these third party sites may be co-branded with a NICE logo, even though they are not operated or maintained by NICE, such as Web sites owned and operated by our clients. NICE's Web sites may also carry advertisements from other companies. NICE is not responsible for the privacy practices of Web sites operated by third parties that are linked to our sites or for the privacy practices of third party or national Internet advertising companies. Once you've left a NICE Web site via such a link or by clicking on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine how they will handle any PII they collect from you.

NICE's Web sites may also be linked to sites operated by companies affiliated with NICE. Although all NICE entities adhere to its Privacy Principles, visitors to those affiliated sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Policy.

CHOICE: NICE Will Provide You with Choices About the Use of Your PII

NICE will not use the PII you provide to us for purposes different from the purpose for which it was submitted, or share your PII with third parties that are not affiliated with NICE unless we obtain your permission.

USE: NICE'S Use of PII

NICE will use your PII provided under this Policy in a manner that is consistent with this Policy. If NICE obtains PII from a third party, such as a business partner, our use of that information is governed by this Policy.

NICE may share your PII with companies that are affiliated with us. Provided you have given us permission, we may also share your PII with advertisers and business partners that are not affiliated with NICE but would like to send you information about their products and services. For example, NICE may offer a sweepstakes or contest in conjunction with a co-sponsor that may have special offers or promotions that might be of interest to NICE customers. However, you will always have the opportunity to instruct us not to share your information with third parties when PII is collected. Moreover, we will never share your credit card information with third parties except those NICE uses to perform tasks (such as order fulfillment and payment processing) required to complete purchases you make through NICE's Web sites.

NICE's employees, agents and contractors must have a legitimate business reason to obtain access to your PII. NICE may share your PII with outside contractors or agents who help us manage our information activities (i.e., sweepstakes administration, order fulfillment, statistical analyses), but they may only use your PII to provide NICE with a specific service and not for any other purpose.

NICE may also enter into agreements with outside companies that possess the technology that allows NICE to customize the advertising and marketing messages you receive on our Web sites. Your non-PII and click stream data about your activities on our sites may be shared with these companies so this customization can be accomplished. These companies will not share your information with any third party or use it for any other purpose. Anonymous click stream and demographic information may also be shared with NICE's advertisers and business partners.

There may be instances when NICE may disclose PII without providing you with a choice in order to protect the legal rights of NICE and/or its employees, agents and contractors; to protect the safety and security of visitors to our Web sites; to protect against fraud or for risk management purposes; or to comply with the law or legal process. In addition, if NICE sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, NICE may transfer your PII to a third party as part of that transaction.

SECURITY: NICE Protects The Security of PII

NICE uses reasonable administrative, technical, personnel and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, we use reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete. Passwords and PII are stored by NICE behind firewalls. Credit card information is encrypted both in transit and when stored within NICE's online databases.

ACCESS: How to Access, or Correct Your PII or Stop All Future Communications from NICE

NICE has implemented a procedure for you to access, correct or delete your PII, and, if you are a member of NICE, review your user preferences. If you would like to know the types of information that NICE collects from visitors to its Web sites, please send your request to results@nicecreative.com or write to Legal Department, NICE Creative, 4645 S. Lakeshore Dr., Suite 16, Tempe, Arizona 85282.

If you would like to know whether NICE has collected PII about you and what PII we have collected, please send us the activities that you participated in on our Web sites which requested PII. After reviewing the relevant databases, we will confirm whether we have collected such information about you and provide a list of your PII on file.

In the event your PII on file is incorrect, you may correct the PII by sending a written request for correction to results@nicecreative.com that includes (1) all of the incorrect PII that you wish to change, (2) the corrected PII and (3) your signature authorizing such changes. NICE will then correct the PII in our database and send a written confirmation to you.

If you wish to stop all future communications from NICE, please contact results@nicecreative.com requesting that your PII be permanently removed from any NICE database. We will send you a written confirmation of such removal.

However, there may be residual information that will remain within our databases that may or may not contain PII. This residual information will not be given to any third party or used for any commercial purpose.

REMEDIES AND COMPLIANCE: How to Contact NICE About Privacy Concerns

If you have concerns regarding the collection and use of your PII or any other privacy issues, please contact:
Legal Department
NICE Creative
4645 S. Lakeshore Drive, Ste. 16
Tempe, Arizona 85282
results@NICECreative.com

© 2007-2009 NICE Creative, a division of Robin Reynolds Creative, Inc. All Rights Reserved.