Terms & Conditions

WEBSITE TERMS AND CONDITIONS

Amber Valentyne

Post Office Box 36411

Los Angeles, California

USA

90036

Telephone: 1-917-371-8757

 

Effective Date: December 19, 2016.
THESE ARE THE TERMS AND CONDITIONS OF USE OF THE WEBSITE. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL CONTRACT.

These Website Terms and Conditions constitute a legal contract between you and Amber Valentyne, regarding your use of the website, www.ambervalentyne.com (the “website”). (These Terms and Conditions may be referred to as the “agreement.”) By using the website, you agree to fully comply with and be bound by this agreement each time you use the website. Please review this agreement carefully.

By using the website, you represent and warrant that you have read and understood, and agree to be bound by, this agreement, including all materials incorporated into this agreement (including but not limited to the Website Privacy Statement and the Website Disclaimer). By using the website, you further represent and warrant that you are 18 years of age or older and that you are otherwise legally qualified to enter into contracts under applicable law.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OR IF YOU ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, THEN YOU MUST IMMEDIATELY LEAVE THE WEBSITE.


Definitions

Unless otherwise indicated, explicitly or otherwise (e.g., by context), the following terms have the following definitions.

  • “Agreement” means this agreement, the Website Terms and Conditions, including all incorporated matters, including, specifically, but without limitation to the following: Website Privacy Policy; and, Website Disclaimer.
  • Computer system. “Computer system” includes the entirety of a computer system, including but not limited to devices of any nature or description (e.g., desktop computers, laptop computers, tablets, mobile devices, and smart phones), any and all peripheral devices, and any and all data, wherever located and however stored.
  • All text, information, graphics, design, and data offered through our website, whether produced by our company, or otherwise, is collectively known as our “content.”
  • Legal terms. “Legal terms” means all legal terms and conditions regarding the website, including, specifically, but without limitation to the following, if applicable: Website Privacy Policy; Website Terms and Conditions; and, Website Disclaimer.
  • “Merchants” means third-party product or service providers who may have access to or advertise on the website.
  • Nonpersonal information. “Nonpersonal information” (“NPI”) is information that is not readily identifiable and which is obtained automatically when you access our website with a web browser.
  • Personally identifiable information. “Personally identifiable information” (“PII”) is not publicly displayed information that is personally identifiable to you and obtained for us to provide you with a product or service. PII may include information such as your name, address, phone number, credit card information, and other related information that you provide to us.
  • “Submission” includes any and all remarks, suggestions, ideas, graphics, or other information communicated by you to us.
  • Visitor and user. “Visitor” is someone who merely browses our website. “User” is a collective identifier that refers to a visitor, anyone who utilizes a website service, or anyone else who uses the website.
  • We, us, our, and our company. “We,” “us,” “our,” and “our company” refers to the owner of the website, Amber Valentyne.
  • “Website” means the website, www.ambervalentyne.com. The website includes, without limitation, any and all blogs associated therewith.
    • Website operation. “Website operation” means the operation of the website.
    • Website content. “Website content”, or “content”, means all text, information, graphics, design, and data offered through our website, including content produced by our company and all other content.
    • Website information. “Website information”, or “information”, means all information offered by or through the website, including information provided by our company and all other information.
    • Website products. “Website products”, or “products”, means all products offered by or through the website, including products offered by our company and all other products.
    • Website services. “Website services”, or “services”, means all services offered by or through the website, including services offered by our company and all other services.
    • The foregoing is intended to include the website and all things, of any nature or description, offered by or through the website, or otherwise related thereto in any manner whatsoever or at all.
  • If any terms are defined elsewhere on the website, then such definitions are hereby incorporated by this reference.

 

Acceptance of Agreement

This agreement is between you and our company, Amber Valentyne.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this agreement constitutes the entire and only agreement between you and our company, and supersedes all other agreements, representations, warranties, and understandings with respect to our website, services, and the subject matter contained herein. However, in order for you to use our website and/or services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this agreement unless otherwise stated.
Website Privacy Policy

Our Website Privacy Policy is considered part of this agreement and available on the website. Please review our Website Privacy Policy. If you do not accept and agree to being bound by all of the terms of this agreement, including the www.ambervalentyne.com Privacy Policy, do not use the website, or any website information, services, or products.
Website Disclaimer

Our Website Disclaimer is considered part of this agreement and available on the website. Please review our Website Disclaimer. If you do not accept and agree to being bound by all of the terms of this agreement, including the www.ambervalentyne.com Disclaimer, do not use the website, or any website information, services, or products.
Arbitration

Any legal controversy or claim arising from or relating to this the website, this agreement, and/or any of our products or services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our services or products, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.


Choice of Law and Jurisdiction

This Agreement will be treated as if it were executed and performed in Los Angeles, California, and will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our website, or any website information, services, or products, must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Limited License

Our company grants you a nonexclusive, nontransferable, revocable license to access and use our website and services strictly in accordance with this agreement. Your use of our website and services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this agreement. No printout or electronic version of any part of our website or services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, rules and regulations regarding your use of the website, website content, or the information, services, or products in any manner provided by or though the website.

Our Relationship to You

This agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and our company.
Our Intellectual Property

Our website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our website or services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of our company. Our content, as found within our website and services, is protected under United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such content is strictly prohibited. Your use of our website and services does not grant you any ownership rights to our Content.


Digital Millennium Copyright Act Compliance

Our website will respond quickly to claims of copyright infringement as found in our content according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe that any of your copyrights are infringed by our content, please provide us with a written notice by mail, fax, or email that contains the following information:

  • An electronic or physical signature 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 infringed;
  • A description of where the material that you claim is infringing is located on our Website;
  • Your address, telephone number, and email address;
  • Your statement that you have good belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • Your statement, 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.

We are only required to respond to notices that substantially comply with the above requirements. We will investigate your claim and notify you by the method of contact you used to file your notice with us.

Eligibility and Registration for Membership
To use our services you must register with our website to become a member. Your membership is not transferable or assignable and is void where prohibited. Our website and services are intended solely for users who are at least 18 years of age or older. Any registration by, use of, or access to our website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our website and/or services you represent and warrant that you are 18 years of age or older and agree to abide by all the terms and conditions of this agreement. Our company has sole right and discretion to determine whether to accept a member, and may reject a member’s registration with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Content Disclaimer

The opinions expressed on our website are not necessarily the opinions of our company. Any blog content provided by our bloggers is of the blogger’s opinion, and is not intended
to malign any religion, ethnic group, club, organization, company, individual, or any person, place, or thing. The content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the content may become out-of-date. We undertake no obligation to update any content on our website. Members are responsible for their own content where applicable, and may update their content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the content at any time without notice.
Errors, Corrections, and Changes

We do not represent or otherwise warrant that our website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our website will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of our website or services at any time. We reserve the right in our sole discretion to edit or remove any documents, information, or other content appearing on our website or services. We may, at any time and without notice, modify or discontinue our website. You agree that we shall have no obligation of any sort in connection with any modification or discontinuance of our website.
Financial, Legal, and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and our company, or our members, visitors, or users. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our website or services.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY OUR COMPANY AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“merchants”) from which you may purchase certain goods or services. You understand that
we do not operate or control the products or services offered by merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We
are not a party to the transactions entered into between you and merchants. YOU AGREE THAT USE OF OR PURCHASE FROM SUCH MERCHANTS IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. All rules, legal documents (including privacy policies), and operating procedures of merchants will apply to you while on any merchant websites. We are not responsible for information provided by you to merchants. Our relationship to merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

 

General Disclaimer of Warranties, Assumption of Risk, and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT (I.E., ALL CONTENT OFFERED BY OR THROUGH THE WEBSITE), WEBSITE INFORMATION (I.E., ALL INFORMATION OFFERED BY OR THROUGH THE WEBSITE), WEBSITE SERVICES (I.E., ALL SERVICES OFFERED BY OR THROUGH THE WEBSITE), AND WEBSITE PRODUCTS (I.E., ALL PRODUCTS OFFERED BY OR THROUGH THE WEBSITE) ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILBLE.” OUR COMPANY MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY HEREBY EXPRESSLY DISCLAIMS EACH, EVERY, ANY, AND ALL WARRANTIES OF ANY NATURE OR DESCRIPTION WHATSOEVER OR AT ALL, WITH RESPECT TO THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES, IMPLIED WARRANTIES, AND STATUTORY WARRANTIES, AND INCLUDING BUT NOT LIMITED TO WARRANITES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGMENT.

WITHOUT LIMITATION, THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBSITE INFORMATION, WEBSITE SERVICES OR WEBSITE PRODUCTS:

  • MAY NOT BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
  • MAY BE DEFECTIVE, CONTAIN ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR OTHER LIMITATIONS.
  • MAY CAUSE DAMAGE TO YOUR COMPUTER SYSTEM OR DATA, INCLUDING LOSS OF DATA.
  • MAY CAUSE INJURY, HARM, OR DAMAGE TO YOUR BUSINESS.
  • MAY BE DEFECTIVE, DANGEROUS, AND CAUSE DEATH, PERSONAL INJURY OR PROPERTY DAMAGE TO YOU OR OTHERS.
  • MAY CAUSE MONETARY DAMAGE.
  • MAY CAUSE OTHER INJURY, DAMAGE, LOSS, OR HARM.
  • WITHOUT LIMITAION, OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE.
  • WITHOUT LIMITATION, USER INTERACTION, WHETHER ONLINE OF OFFLINE, MAY LEAD TO PERSONAL INJURY, DEATH, OR OTHER HARM AND DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISKS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY ASSUME ALL RISKS, OF ANY NATURE OR DESCRIPTION WHATSOEVER OR AT ALL, ARISING OUT OF OR OTHERWISE RELATING TO THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY LIMITS ITS LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY NATURE OR DESCIPTION WHATSOEVER OR AT ALL, ARISING OUT OF OR OTHERWISE RELATING TO THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS. FURTHERMORE, SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY OR PUNITVE DAMAGES ARISING OUT OF OR OTHERWISE RELATING TO THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS.

THE MAXIMUM LIABILITY OF OUR COMPANY UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO OUR COMPANY IN CONSIDERATION OF YOUR USE OF THE WEBSITE FOR THE MONTH PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $25 (USD) (TWENTY-FIVE US DOLLARS), WHICHEVER IS LESS.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL APPLY REGARDLESS OF ANY NOTICE OR ADVICE TO OUR COMPANY, INCLUDING BUT NOT LIMITED TO NOTICE OR ADVICE REGARDING THE POTENTIAL OR ACTUAL HARMFUL NATURE OF THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL EXTEND BOTH: TO RISKS, INJURIES, AND DAMAGES KNOWN TO YOU; AND, TO RISKS, INJURIES, AND DAMAGES WHICH YOU DO NOT KNOW OR SUSPECT, WHICH IF KNOWN BY YOU MUST HAVE MATERIALLY AFFECTED YOUR AGREEMENT TO BE BOUND BY AND ACCEPT SUCH DISCLAIMERS, EXCLUSIONS, AND/OR LIMITATIOINS.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL APPLY, EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

YOU AGREE THAT: THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK REPRESENT A REASONABLE ALLOCATION OF RISK; THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGIN BETWEEN OUR COMPANY AND YOU; AND, THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK.

SHOULD ANY PART OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK BE HELD TO BE INVALID OR UNENFORCEABLE, THEN THAT PORTION WILL CONSTRUED CONSISTENT WITH APPLICABLE LAW AND THE REMAINING PORTIONS WILL REMAIN IN FULL FORCE AND EFFECT. ANY PART OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK HELD TO BE INVALID OR UNENFORCABLE SHALL BE REDUCED IN SCOPE OR OTHERWISE MODIFIED ONLY TO THE EXTENT NECESSARY TO RENDER THE OFFENDING PROVISION ENFORECABLE.

EXCEPT AS OTHERWISE EXPLICTLY PROVIDED FOR HEREIN, NOTHING STATED IN THE WEBSITE OR OTHERWISE SHALL LIMIT THE TERMS OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK.

 

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY HEREBY DISCLAIMS ALL WARRANTIES.

THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT (I.E., ALL CONTENT OFFERED BY OR THROUGH THE WEBSITE), WEBSITE INFORMATION (I.E., ALL INFORMATION OFFERED BY OR THROUGH THE WEBSITE), WEBSITE SERVICES (I.E., ALL SERVICES OFFERED BY OR THROUGH THE WEBSITE), AND WEBSITE PRODUCTS (I.E., ALL PRODUCTS OFFERED BY OR THROUGH THE WEBSITE) ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILBLE.”

OUR COMPANY MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY HEREBY EXPRESSLY DISCLAIMS EACH, EVERY, ANY, AND ALL WARRANTIES OF ANY NATURE OR DESCRIPTION WHATSOEVER OR AT ALL, WITH RESPECT TO THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES, IMPLIED WARRANTIES, AND STATUTORY WARRANTIES, AND INCLUDING BUT NOT LIMITED TO WARRANITES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:

  • THIS DISCLAIMER APPLIES TO THE FOLLOWING PERSONS (WITHOUT LIMITATION): YOU; USERS; THIRD PERSONS; AND, ANY AND ALL OTHER PERSONS WHATSOEVER OR AT ALL.
  • THIS DISCLAIMER APPLIES TO WARRANTIES IN CONNECTION WITH THE FOLLOWING: THIS AGREEMENT, THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS.
  • THIS DISCLAIMER APPLIES TO THE FOLLOWING TYPES OF WARRANTIES (WITHOUT LIMITATION): EXPLICIT WARRANTIES; IMPLICIT WARRANTIES (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE); STATUTORY WARRANTIES; AND, ANY AND ALL OTHER WARRANTIES, OF ANY NATURE OR DESCRIPTION WHATSOEVER OR AT ALL.
  • THIS DISCLAIMER APPLIES TO THE FOLLOWING TYPES OF INJURY OR DAMAGE (WITHOUT LIMITATION): NOMINAL DAMAGES; COMPENSATORY DAMAGES, INCLUDING GENERAL DAMAGES (INCLUDING ECONOMIC DAMAGES AND NON-ECONOMIC DAMAGES, E.G., PAIN AND SUFFERING), SPECIAL DAMAGES, AND CONSEQUENTIAL DAMAGES; PUNITIVE DAMAGES; DAMAGES FOR TORT; DAMAGES FOR BREACH OF CONTRACT; AND, ANY AND ALL OTHER INJURIES OR DAMAGES, OF ANY NATURE OR DESCRIPTION WHATSOEVER OR AT ALL.
  • THIS DISCLAIMER APPLIES TO THE RIGHT TO THE FOLLOWING TYPES OF RELIEF (WITHOUT LIMITATION): MONEY DAMAGES; INJUNCTIVE RELIEF; AND, ANY OTHER TYPE OF RELIEF WHATSOEVER OR AT ALL.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL APPLY REGARDLESS OF ANY NOTICE OR ADVICE TO OUR COMPANY, INCLUDING BUT NOT LIMITED TO NOTICE OR ADVICE REGARDING THE POTENTIAL OR ACTUAL HARMFUL NATURE OF THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL EXTEND BOTH: TO RISKS, INJURIES, AND DAMAGES KNOWN TO YOU; AND, TO RISKS, INJURIES, AND DAMAGES WHICH YOU DO NOT KNOW OR SUSPECT, WHICH IF KNOWN BY YOU MUST HAVE MATERIALLY AFFECTED YOUR AGREEMENT TO BE BOUND BY AND ACCEPT SUCH DISCLAIMERS, EXCLUSIONS, AND/OR LIMITATIOINS.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL APPLY, EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

YOU AGREE THAT: THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK REPRESENT A REASONABLE ALLOCATION OF RISK; THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGIN BETWEEN OUR COMPANY AND YOU; AND, THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK.

SHOULD ANY PART OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK BE HELD TO BE INVALID OR UNENFORCEABLE, THEN THAT PORTION WILL CONSTRUED CONSISTENT WITH APPLICABLE LAW AND THE REMAINING PORTIONS WILL REMAIN IN FULL FORCE AND EFFECT. ANY PART OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK HELD TO BE INVALID OR UNENFORCABLE SHALL BE REDUCED IN SCOPE OR OTHERWISE MODIFIED ONLY TO THE EXTENT NECESSARY TO RENDER THE OFFENDING PROVISION ENFORECABLE.

EXCEPT AS OTHERWISE EXPLICTLY PROVIDED FOR HEREIN, NOTHING STATED IN THE WEBSITE OR OTHERWISE SHALL LIMIT THE TERMS OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK.

 

Assumption of Risk

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISKS.

THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT (I.E., ALL CONTENT OFFERED BY OR THROUGH THE WEBSITE), WEBSITE INFORMATION (I.E., ALL INFORMATION OFFERED BY OR THROUGH THE WEBSITE), WEBSITE SERVICES (I.E., ALL SERVICES OFFERED BY OR THROUGH THE WEBSITE), AND WEBSITE PRODUCTS (I.E., ALL PRODUCTS OFFERED BY OR THROUGH THE WEBSITE) ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILBLE.”

WITHOUT LIMITATION, THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBSITE INFORMATION, WEBSITE SERVICES OR WEBSITE PRODUCTS:

  • MAY NOT BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
  • MAY BE DEFECTIVE, CONTAIN ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR OTHER LIMITATIONS.
  • MAY CAUSE DAMAGE TO YOUR COMPUTER SYSTEM OR DATA, INCLUDING LOSS OF DATA.
  • MAY CAUSE INJURY, HARM, OR DAMAGE TO YOUR BUSINESS.
  • MAY BE DEFECTIVE, DANGEROUS, AND CAUSE DEATH, PERSONAL INJURY OR PROPERTY DAMAGE TO YOU OR OTHERS.
  • MAY CAUSE MONETARY DAMAGE.
  • MAY CAUSE OTHER INJURY, DAMAGE, LOSS, OR HARM.
  • WITHOUT LIMITAION, OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE.
  • WITHOUT LIMITATION, USER INTERACTION, WHETHER ONLINE OF OFFLINE, MAY LEAD TO PERSONAL INJURY, DEATH, OR OTHER HARM AND DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY ASSUME ALL RISKS, OF ANY NATURE OR DESCRIPTION WHATSOEVER OR AT ALL, ARISING OUT OF OR OTHERWISE RELATING TO THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:

  • THIS ASSUMPTION OF RISK APPLIES TO THE FOLLOWING PERSONS (WITHOUT LIMITATION): YOU; USERS; THIRD PERSONS; AND, ANY AND ALL OTHER PERSONS WHATSOEVER OR AT ALL.
  • THIS ASSUMPTION OF RISK APPLIES TO ANY AND ALL RISKS IN RELATION TO THE FOLLOWING: THIS AGREEMENT, THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS.
  • THIS ASSUMPTION OF RISK APPLIES TO THE FOLLOWING TYPES OF LIABILITY (WITHOUT LIMITATION): DIRECT LIABILITY; VICARIOUS LIABILITY; AND, ANY AND ALL OTHER TYPES OF LIABILITY, OF ANY NATURE OR DESCRIPTION, WHATSOEVER OR AT ALL.
  • THIS ASSUMPTION OF RISK APPLIES TO THE FOLLOWING TYPES OF INJURY OR DAMAGE (WITHOUT LIMITATION): NOMINAL DAMAGES; COMPENSATORY DAMAGES, INCLUDING GENERAL DAMAGES (INCLUDING ECONOMIC DAMAGES AND NON-ECONOMIC DAMAGES, E.G., PAIN AND SUFFERING), SPECIAL DAMAGES, AND CONSEQUENTIAL DAMAGES; PUNITIVE DAMAGES; DAMAGES FOR TORT; DAMAGES FOR BREACH OF CONTRACT; AND, ANY AND ALL OTHER INJURIES OR DAMAGES, OF ANY NATURE OR DESCRIPTION WHATSOEVER OR AT ALL.
  • THIS ASSUMPTION OF RISK APPLIES TO THE RIGHT TO THE FOLLOWING TYPES OF RELIEF (WITHOUT LIMITATION): MONEY DAMAGES; INJUNCTIVE RELIEF; AND, ANY OTHER TYPE OF RELIEF WHATSOEVER OR AT ALL.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL APPLY REGARDLESS OF ANY NOTICE OR ADVICE TO OUR COMPANY, INCLUDING BUT NOT LIMITED TO NOTICE OR ADVICE REGARDING THE POTENTIAL OR ACTUAL HARMFUL NATURE OF THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL EXTEND BOTH: TO RISKS, INJURIES, AND DAMAGES KNOWN TO YOU; AND, TO RISKS, INJURIES, AND DAMAGES WHICH YOU DO NOT KNOW OR SUSPECT, WHICH IF KNOWN BY YOU MUST HAVE MATERIALLY AFFECTED YOUR AGREEMENT TO BE BOUND BY AND ACCEPT SUCH DISCLAIMERS, EXCLUSIONS, AND/OR LIMITATIOINS.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL APPLY, EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

YOU AGREE THAT: THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK REPRESENT A REASONABLE ALLOCATION OF RISK; THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGIN BETWEEN OUR COMPANY AND YOU; AND, THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK.

SHOULD ANY PART OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK BE HELD TO BE INVALID OR UNENFORCEABLE, THEN THAT PORTION WILL CONSTRUED CONSISTENT WITH APPLICABLE LAW AND THE REMAINING PORTIONS WILL REMAIN IN FULL FORCE AND EFFECT. ANY PART OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK HELD TO BE INVALID OR UNENFORCABLE SHALL BE REDUCED IN SCOPE OR OTHERWISE MODIFIED ONLY TO THE EXTENT NECESSARY TO RENDER THE OFFENDING PROVISION ENFORECABLE.

EXCEPT AS OTHERWISE EXPLICTLY PROVIDED FOR HEREIN, NOTHING STATED IN THE WEBSITE OR OTHERWISE SHALL LIMIT THE TERMS OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY LIMITS ITS LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY NATURE OR DESCIPTION WHATSOEVER OR AT ALL, ARISING OUT OF OR OTHERWISE RELATING TO THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT (I.E., ALL CONTENT OFFERED BY OR THROUGH THE WEBSITE), WEBSITE INFORMATION (I.E., ALL INFORMATION OFFERED BY OR THROUGH THE WEBSITE), WEBSITE SERVICES (I.E., ALL SERVICES OFFERED BY OR THROUGH THE WEBSITE), OR WEBSITE PRODUCTS (I.E., ALL PRODUCTS OFFERED BY OR THROUGH THE WEBSITE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:

  • THIS LIMITATION OF LIABILITY APPLIES TO THE FOLLOWING PERSONS (WITHOUT LIMITATION): YOU; USERS; THIRD PERSONS; AND, ANY AND ALL OTHER PERSONS WHATSOEVER OR AT ALL.
  • THIS LIMITATION OF LIABILITY APPLIES TO ANY AND ALL LIABILITY ARISING OUR OF OR OTHERWISE RELATING TO THE FOLLOWING: THIS AGREEMENT, THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS.
  • THIS LIMITATION OF LIABILITY APPLIES TO THE FOLLOWING TYPES OF LIABILITY (WITHOUT LIMITATION): DIRECT LIABILITY; VICARIOUS LIABILITY; AND, ANY AND ALL OTHER TYPES OF LIABILITY, OF ANY NATURE OR DESCRIPTION, WHATSOEVER OR AT ALL.
  • THIS LIMITATION OF LIABILITY APPLIES TO THE FOLLOWING TYPES OF INJURY OR DAMAGE (WITHOUT LIMITATION): NOMINAL DAMAGES; COMPENSATORY DAMAGES, INCLUDING GENERAL DAMAGES (INCLUDING ECONOMIC DAMAGES AND NON-ECONOMIC DAMAGES, E.G., PAIN AND SUFFERING), SPECIAL DAMAGES, AND CONSEQUENTIAL DAMAGES; PUNITIVE DAMAGES; DAMAGES FOR TORT; DAMAGES FOR BREACH OF CONTRACT; AND, ANY AND ALL OTHER INJURIES OR DAMAGES, OF ANY NATURE OR DESCRIPTION WHATSOEVER OR AT ALL.
  • THIS LIMITATION OF LIABILITY APPLIES TO THE RIGHT TO THE FOLLOWING TYPES OF RELIEF (WITHOUT LIMITATION): MONEY DAMAGES; INJUNCTIVE RELIEF; AND, ANY OTHER TYPE OF RELIEF WHATSOEVER OR AT ALL.

FURTHERMORE, SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY OR PUNITVE DAMAGES ARISING OUT OF OR OTHERWISE RELATING TO THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS. WITHOUT LIMITATION, SUCH EXCLUDED CONSEQUENTIAL DAMAGES INCLUDE THE FOLLOWING: LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER THIRD PERSON, AND ANY AND ALL OTHER CONSEQUENTIAL DAMAGES OF ANY NATURE OR DESCIPTION.

 

THE MAXIMUM LIABILITY OF OUR COMPANY UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO OUR COMPANY IN CONSIDERATION OF YOUR USE OF THE WEBSITEFOR THE MONTH PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $25 (USD) (TWENTY-FIVE US DOLLARS), WHICHEVER IS LESS.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL APPLY REGARDLESS OF ANY NOTICE OR ADVICE TO OUR COMPANY, INCLUDING BUT NOT LIMITED TO NOTICE OR ADVICE REGARDING THE POTENTIAL OR ACTUAL HARMFUL NATURE OF THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL EXTEND BOTH: TO RISKS, INJURIES, AND DAMAGES KNOWN TO YOU; AND, TO RISKS, INJURIES, AND DAMAGES WHICH YOU DO NOT KNOW OR SUSPECT, WHICH IF KNOWN BY YOU MUST HAVE MATERIALLY AFFECTED YOUR AGREEMENT TO BE BOUND BY AND ACCEPT SUCH DISCLAIMERS, EXCLUSIONS, AND/OR LIMITATIOINS.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK SHALL APPLY, EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

YOU AGREE THAT: THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK REPRESENT A REASONABLE ALLOCATION OF RISK; THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGIN BETWEEN OUR COMPANY AND YOU; AND, THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK.

SHOULD ANY PART OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK BE HELD TO BE INVALID OR UNENFORCEABLE, THEN THAT PORTION WILL CONSTRUED CONSISTENT WITH APPLICABLE LAW AND THE REMAINING PORTIONS WILL REMAIN IN FULL FORCE AND EFFECT. ANY PART OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK HELD TO BE INVALID OR UNENFORCABLE SHALL BE REDUCED IN SCOPE OR OTHERWISE MODIFIED ONLY TO THE EXTENT NECESSARY TO RENDER THE OFFENDING PROVISION ENFORECABLE.

EXCEPT AS OTHERWISE EXPLICTLY PROVIDED FOR HEREIN, NOTHING STATED IN THE WEBSITE OR OTHERWISE SHALL LIMIT THE TERMS OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, LIMITATIOINS, AND/OR ASSUMPTIONS OF RISK.

Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD OUR COMPANY, OUR PARTNERS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, ATTORNEYS, ADVERTISERS, AFFILIATES, AND ALL PROVIDERS OF THE WEBSITE, PROVIDERS OF WEBSITE OPERATIONS, PROVIDERS OF WEBSITE CONTENT (I.E., ALL CONTENT OFFERED BY OR THROUGH THE WEBSITE), PROVIDERS OF WEBSITE INFORMATION (I.E., ALL INFORMATION OFFERED BY OR THROUGH THE WEBSITE), PROVIDERS OF WEBSITE SERVICES (I.E., ALL SERVICES OFFERED BY OR THROUGH THE WEBSITE), AND PROVIDERS OF WEBSITE PRODUCTS (I.E., ALL PRODUCTS OFFERED BY OR THROUGH THE WEBSITE), HARMLESS AND FREE FROM ANY LIABILITY, LOSS, CLAIM, AND EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT, THE WEBSITE, WEBSITE OPERATION, WEBSITE CONTENT, WEBITE INFORMATION, WEBSITE SERVICES, OR WEBSITE PRODUCTS.

Our company, our partners, agents, officers, directors, employees, subcontractors, successors, assigns, attorneys, advertisers, affiliates, and all providers of the website, providers of website operations, providers of website content, providers of website information, providers of website services, and, providers of website products, shall have the right, but not the obligation, to participate through counsel of their choice, in any defense by you of any matter which may give rise to your duty to indemnify, defend or hold such persons harmless.

 

Rights, Privileges, Protections and Remedies Afforded Our Company are Cumulative

The rights, privileges, protections, and remedies afforded to our company by the terms of this agreement are cumulative.

Without limitation, the protections afforded to our company by the following provisions are cumulative: General Disclaimer of Warranties, Assumption of Risk, and Limitation of Liability; Disclaimer of Warranties; Assumption of Risk; Limitation of Liability; and, Indemnification.

It is hereby explicitly provided that, should any provision of this agreement that affords any right, privilege, protection, or remedy, to our company (including but not limited to the aforementioned disclaimers, exclusions, limitations, and/or assumptions of risk) be held to be invalid or unenforceable, then the offending portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Any such offending provision shall be reduced in scope or otherwise modified only to the extent necessary to render the offending provision enforceable.

 

Prohibited Uses

You agree, represent, and warrant that you will not do any of the following:

  • Upload, post, or otherwise transmit any content that:
    1. Violates any applicable local, state, federal, or international law, rule, or regulation.
      1. Without limitation, that violates any law, rule or regulation concerning unsolicited emails, electronic advertising, or other advertising.
    2. Violates the privacy rights, property rights (including but not limited to intellectual property rights), or any other rights of any individual, business, public or private entity, or any other person.
      1. Without limitation, that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
      2. Without limitation, that would harm the reputation, goodwill, or standing of Amber Valentyne, or any of her clients, partners, employees, affiliates, agents, contractors, or representatives.
    3. Violates these Website Terms and Conditions, including all documents incorporated into this agreement (e.g., and without limitation, the Website Privacy Statement and the Website Disclaimer).
      1. Without limitation, we reserve the right to cooperate fully in any investigation by law enforcement officials of any violation of this agreement.
    4. Attempts to interfere with the use of the website by any other user.
    5. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable.
    6. Links directly or indirectly to any materials to which you do not have a right to link.
    7. Contains any private information of any third party, including, without limitation, addresses, telephone numbers, email addresses, Social Security numbers, or credit card numbers.
    8. 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 equipment, or extract information from our website or services.
      1. Such prohibited materials include the following, without limitation: viruses, Trojan horses, worms, malicious code, or other harmful or destructive content.
    9. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
    10. In the sole judgment of our company is objectionable or restricts or inhibits any other person from using or enjoying our website or services, or which may expose our company, our affiliates, our users, or any other individual, business, public or private entity, or any other person to any harm or liability of any type.
  • Use our content to:
    1. Develop a competing website.
    2. Create compilations or derivative works as defined under United States copyright laws.
    3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  • Decompile, disassemble, or reverse engineer our Website, Services, and any related software.
  • Use our website or services in any manner that violates any of the prohibited uses stated above.

 

Member Conduct

Members may post their content to our website through our services (“member content”). Members and visitors understand that by using our website or service they may be exposed
to content that is offensive, indecent, or objectionable. We have no control over member content and do not in any way guarantee its quality, accuracy, or integrity. Our company is not responsible for the monitoring or filtering of any member content. Should any member content be found illegal, our company will submit all necessary information to relevant authorities.

If any member content is reported to our company as being offensive or inappropriate,
we may ask the member to retract or otherwise modify the questionable content within 24 hours of being notified by our company. If the Member fails to meet such request,
our company has full authority to restrict the member’s ability to post member content OR immediately terminate the member’s membership without further notice to the member.

Without limiting the foregoing, we have sole discretion to remove any member content that violates this agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.

You warrant that you will not use our services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law we have adopted a policy of terminating members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

As a member, you agree not to use our website or services in any manner that is identified in this agreement to be a “prohibited use.”

 

Consent to Receive Emails and Advertising Materials

By becoming a member, you consent to receive emails and electronic advertising materials from our company and third parties with whom we may share information in accordance with the terms of our Privacy Policy. If you would like to stop receiving automated email material from our company, then you should select the opt-out feature contained in such material.

 

Use of Information

We reserve the right, and you authorize us, to the use and assign all of your information regarding your use of our website and services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively “submission”) is considered assigned to us and is our property. We will not be required to treat any submission as confidential, nor be liable for any ideas (including without limitation product, service, or advertising ideas), and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the submission of every kind and nature everywhere. We will be entitled to use the submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the submission. You acknowledge that you are responsible for whatever material you submit and have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information. We reserve the right to cooperate fully in any investigation by law enforcement officials.

Linking to Our Website

You may provide links to our website provided that (a) you do not remove or obscure any portion of our website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our website immediately upon our request.

Links to Other Websites

Our website may from time to time contain links to third party websites. Inclusion of links for any website on our website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites.
Our company has no control over the legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

Payments

You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

All Sales are Final

All sales are final. All sales of any nature whatsoever or at all, including but not limited to sales of website services or website products, are final. There are no refunds, no returns and no exchanges. There are no exceptions to this policy.

Termination of Right to Use Website

Your rights under this agreement will terminate without our notice if you fail to comply with any term of these Terms and Conditions or any document incorporated herein (e.g., without limitation, the Website Privacy Rights and Website Disclaimer). On termination, you must delete or destroy any information or content (including all copies) obtained from our website. The provisions of this agreement that do not confer a right upon you, and the provision that do confer a right, privilege, protection, or remedy upon our company, shall survive termination. Such surviving provisions include the following, without limitation: Arbitration; Choice of Law and Jurisdiction; Our Intellectual Property; all disclaimers; General Disclaimer of Warranties, Assumption of Risk, and Limitation of Liability; Disclaimer of Warranty; Limitation of Liability; Indemnity; Prohibited Uses; and, Severability and Survival.

Termination of Membership

Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination, you will stop representing yourself as a registered member. You must delete or destroy any information or content (including all copies) obtained from our website. The provisions of this agreement that do not confer a right upon you, and the provision that do confer a right, privilege, protection, or remedy upon our company, shall survive termination. Such surviving provisions include the following, without limitation: Arbitration; Choice of Law and Jurisdiction; Our Intellectual Property; all disclaimers; General Disclaimer of Warranties, Assumption of Risk, and Limitation of Liability; Disclaimer of Warranty; Limitation of Liability; Indemnity; Prohibited Uses; and, Severability and Survival.

Severability and Survival

Should any part of this agreement be held invalid or unenforceable, then that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Any part of this agreement held to be invalid or unenforceable shall be reduced in scope or otherwise modified only to the extent necessary to render the offending provision enforceable. To the extent that any content is in conflict or inconsistent with this agreement, this agreement will take precedence. Our failure to enforce any provision of this agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this agreement will survive any termination of this agreement.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Condition and/or any documents incorporated into this agreement (including but not limited to the Website Privacy Statement and the Website Disclaimer) from time to time and at any time without notice, by posting an amended version on our website. Any changes will be effective immediately upon posting.

Notwithstanding the foregoing, unless we obtain your consent, any revised Website Privacy Policy will apply only to information collected by our company after such time as the revised Privacy Policy takes effect. Notwithstanding the foregoing, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes, unless the parties expressly agree otherwise

It is your responsibility to review this agreement and all documents incorporated into this agreement periodically. Your continued use of our website, services, and/or products after any change to these Terms and Conditions and/or any documents incorporated into this agreement (including but not limited to the Website Privacy Statement and the Website Disclaimer) will constitute your acceptance of such change. IF YOU DO NOT AGREE TO ANY CHANGE MADE, THEN YOU MUST IMMEDIATELY DISCONTINUE USE OF OUR WEBSITE, SERVIES AND PRODUCTS.

 

Assignment

This agreement and all of your rights and obligations under this agreement are not and will not be assignable or transferrable with the prior written permission of our company. Notwithstanding the foregoing, this agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Rights, Privileges, Remedies, and Protections of Our Company are Cumulative

The rights, privileges, remedies, and protections of our company are cumulative.

Entire Agreement and Amendment

This agreement, including all matters incorporated by reference (e.g., without limitation, the Website Privacy Policy and the Website Disclaimer) constitutes the entire agreement between you and our company concerning the use of the website. This agreement may be modified only as otherwise stated herein, or by amendment signed by an authorized representative of our company.

This Policy/Agreement is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you, is strictly prohibited. Copyright Frederick H. Alschuler, Attorney at Law, December 19, 2016.