Terms and Conditions
We reserve the right to change these Terms at any time without notice and at our sole discretion. We do not promise or imply any promise of notification in the event of a policy change, other than to post changes on this page. Any such revision will be binding and effective immediately following the posting of the revised Terms on the Website. You are advised to check this page each time you visit the Website, and your continued use of this Website evidences your acceptance of these Terms and any modifications. This policy was last modified on October 1, 2018.
PLEASE NOTE THAT, AS DETAILED BELOW UNDER THE HEADING “DISPUTES,” THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY AND ALL DISPUTES. YOU FULLY UNDERSTAND THAT BY USING OUR WEBSITE OR BY PURCHASING OR USING ANY BOOKS, MATERIALS OR PROGRAMS OFFERED FOR SALE ON OUR WEBSITE, YOU ARE VOLUNTARILY AGREEING TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL.
WEBSITE USE AND CONTENT
By accessing or using our Website and its content, you represent and warrant that you are at least 18 years old and that you agree to abide by these Terms. Any registration by, use of, or access to the Website and its content by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms.
You acknowledge that you are voluntarily using this Website and that you are solely and personally responsible for your actions and results related to such use. You agree that your use of this Website and its content is done at your own risk. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website. You agree and understand that no results are guaranteed in any way related to this Website and its content.
It is your responsibility to ensure that anyone who uses this Website through your internet connection is aware of these Terms and complies with them.
This Website and all its Content is property owned solely by us and/or our affiliates and licensors unless otherwise noted. Content includes all words, images, design, layout, graphics, photographs, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through this Website. This content is protected by the intellectual property laws of the United States, and by international copyright laws and treaties. All rights not expressly granted to you in these Terms or in a separate written agreement are reserved by us.
You may only use content on this Website for personal, non-commercial use. You may not at any time or in any way copy or duplicate our Website or its content without express written permission.
If you purchase a service, program, product or subscription, or otherwise enter into a separate agreement with us, you will also be subject to the terms of that agreement, which shall prevail in the event of a conflict.
REQUEST FOR PERMISSION TO USE CONTENT
You MUST have written permission to use content in any way that is contrary to these Terms.
Any request for written permission to use content or any other intellectual property should be made BEFORE you use the content by contacting: firstname.lastname@example.org.
You agree to use this Website only for lawful purposes.
You may not use our Website for any unlawful activity, including but not limited to: any fraudulent activity; any activity that breaches any applicable law or regulation; any activity that is defamatory, obscene, offensive, hateful or inflammatory; any activity that invades another person’s property; any activity which may cause or result in harm to a child under 18 years of age; sending unsolicited advertising or other unsolicited content or entering into any agreement for such material to be sent; reproducing, selling, or otherwise handling our Website and its content in breach of our Terms; knowingly introducing to our Website viruses, Trojans, or other malicious codes or programs which are technologically harmful; attempting to gain unauthorized access to our Website, our software, or our server; attempting to gain unauthorized access to any server, computer, or database connected to our Website; or using a denial of service attack or distributed denial of service attack to attack our Website.
By submitting, uploading, or posting any material to our Website, you represent that you are the owner of all such materials and you are at least 18 years of age. Any material you submit, upload, or post to our Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, and disclose it to third parties. By uploading it, you grant us and anyone authorized by us an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted , worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform or display such contributions in whole or in part in any manner or medium now known or developed in the future, for any purpose. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You grant us and anyone authorized by us the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. If any third party claims that any material posted or uploaded by you to our Website violates their intellectual property rights or their right to privacy, we have the right to disclose your identity to them. We will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other use of our Website.
At our sole discretion, we have the right to remove any material or posting you make on our Website.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent or illegal purposes
We allow access to our Website on a temporary basis and we reserve the right to withdraw, restrict, or change our Website at any time and without notice. We will not be liable if our Website is unavailable, if the content is changed, or if the content is out of date.
We cannot guarantee that access to our Website will be uninterrupted and error free. We will not be liable for damages or losses, or for any other recourse, should our Website become unavailable due to any technological reason, including but not limited to system back up procedures, internet traffic volume, upgrades, and general network failures or delays.
The content of our Website, including links to other websites and resources provided by third parties, is for informational purposes only. We shall not be liable for any use of or reliance on such materials.
The material displayed on our Website is offered without any guarantees or warranties as to its accuracy. We expressly disclaim any implied or express warranties. We expressly disclaim any conditions, warranties, or other terms which might otherwise be implied by common law or statute. We expressly disclaim any liability for direct or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any materials linked to it, and any materials posted on it by us or a third party. This express disclaimer includes, but is not limited to: physical harm, emotional harm, mental harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, and loss caused by wasted time.
We are not liable for any defamatory, offensive, or illegal conduct of any other Website participant or user, including you.
WE MAKE NO WARRANTIES AS TO OUR WEBSITE. YOU AGREE THAT THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN IS OFFERED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT OF APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
Due to the intellectual property nature of the information sold on this Website, all sales are final and no refunds are offered. No cancellations of purchases are offered or allowed.
We may choose, at our sole discretion, to offer refunds on a case by case basis. The granting of a refund in any situation does not change our policy that all sales are final, and that no refunds are offered. Visitors should not expect that the offering of a refund in one situation means that a refund will be offered in a similar or even identical situation.
ERRORS AND OMISSIONS
We do not guarantee the accuracy timeliness, performance, completeness or suitability of the information on our Website. We assume no liability for errors and omissions on the Website, its content, or any other information referenced by or linked to by the Website.
LINKS TO OTHER WEBSITES
Products and services mentioned or linked on this Website may be products that we have a financial interest in promoting or for which we may have received some other non-financial compensation. Promotion of third party products and services does not serve as any form of endorsement and you agree that we are not liable in any way for any third party program, product, or service that we may promote, market, share, or sell on our Website.
The inclusion of links and pointers to a third party Website does not imply our endorsement, sponsorship or approval of that website and its owner. We have no control over third party websites and so we accept no responsibility for any loss or damage that may arise from your use of them.
Should our Website link appear in any third party’s website, program, product, or services, this does not constitute our formal endorsement of them, their business, or their website.
LINKING AND FRAMING
You many not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may only link directly to our Home Page.
Our Website must not be framed or inlined on any other website without our written permission.
As part of the consideration that the Website requires of a Visitor to view, use, or interact with this Website, that Visitor agrees to use binding arbitration for any claim, dispute, or controversy of any kind arising in tort, contract, or otherwise, arising out of or relating to use of this Website.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. The hearing will take place in the city or county of the Website owner (currently Santa Clara County in San Jose, California).
Visitors to this Website expressly agree to waive the right to go to court or to have a jury trial. Visitors expressly waive their right to any pre-trial discovery. Visitors do not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration. All arbitration shall be on an individual basis, and the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for all costs associate with the dispute resolution including but not limited to: attorneys’ fees, collection fees, investigation fees, and travel expenses.
JURISDICTION AND VENUE
Visitor agrees that any matter concerning use of this Website which is brought before a court of law, pre or post arbitration, shall be under the sole and proper jurisdiction of the courts of San Jose, California, located in the county of Santa Clara. If litigation is brought in a federal court, the federal court closest to the Website owner’s address shall be the sole and proper court.
Visitor agrees that the applicable law in all cases shall be the law of the State of California.
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
You agree at all times to indemnify and hold harmless our Company as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, staff, interns, team members, joint venture partners, successors, transferees, assignees and licensees, or anyone otherwise affiliated with our business, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its content, or your breach of any obligation, warranty, representation or covenant set forth in these Terms or in any other agreement with us. This applies to all claims in law or in equity, whether past, present, or future.
We reserve the right at our sole discretion to terminate your access to the Website and its content in full or in part at any time and without notice.
If there are any questions regarding these Terms, you may contact us at email@example.com.