WEBSITE TERMS AND CONDITIONS
Accessing, viewing and purchasing on our Site is prohibited by anyone under the age of 18. By accessing or using our Site you represent that you are 18 years of age or older and that you agree to be bound by these Terms.
Our Website Content
Our content consists of the language, layout, logos, service names, service marks, logos, design, graphics, appearance, photos, images, videos, books, audio files, media files and any and all other information on our Site (collectively “content”).
Our content is protected by Copyright, Trademark and other laws both in the United States and Foreign Countries. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, falsely present as your own, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory or use of our content or material for any purpose not expressly permitted is strictly prohibited and in violation of these Terms.
As a viewer, user or purchaser of our Site, you are granted a revocable, non-transferable license for personal, non-commercial use only that is strictly limited strictly to you. This license is to allow you to enjoy our content and Site for personal, not commercial use or gain.
You acknowledge that the methods, strategies, training, content and processes used by us are our Proprietary System which is owned by Company and is confidential and copyright protected. We have taken a considerable amount of time and energy to develop our Proprietary System and you agrees not to duplicate, disseminate, distribute or otherwise disclose to any party or third party for any reason whatsoever, unless it is part of the program or a legal proceeding. You understand and agree that violation of our proprietary rights will entitle us to an immediate injunction, in addition to other legal remedies as allowed to the fullest extent of the law.
User’s Grant of Limited License
When you voluntarily submit content on our site such as, but not limited to, posting any comment, photo, image, or video, you grant Company and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose including consent to make it a part of our current or future Site or content. This right includes granting us irrevocable proprietary rights and intellectual property rights under any relevant jurisdiction without requiring any additional consent from you or any compensation by us to you.
You warrant and represent that you own or otherwise control all the rights to the content and that public posting and use of your content by us will not infringe or violate the rights of any third party.
As a user, purchaser, licensee and viewer of our Site, you agree that you will not copy, steal, adapt, misrepresent our Site ownership as yours, reverse engineer, create derivative works, share, republish, modify, sell, resell, falsify, or take any inappropriate, illegal or damaging act with respect to our content or Site. You understand that engaging in any of these acts may subject you to copyright and trademark infringement, criminal and civil prosecution and revocation of license and permission to use of our content and Site.
Request for Consent to Use Our Content
If you would like to use our content in any manner that is prohibited pursuant to these Terms, or any of our other policies and agreements, you must seek written consent BEFORE HAND understanding that your request is subject to denial. You may request by contacting us at firstname.lastname@example.org
Digital Millennium Copyright Act
Company respects the intellectual property rights of others. If you believe that material located on or linked to our Site violates your copyright, you are encouraged to notify us at email@example.com in accordance with Company’s Digital Millennium Copyright Act (“DMCA”) Policy. Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Company will terminate a visitor’s access to and use of the Site if, under appropriate circumstances the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Company or others. In the case of such termination, Company will have no obligation to provide a refund of any amounts previously paid to Company.
Disclaimer of Warranties
All materials, information, software, products, content and services included in or available through this Site is provided “AS IS”. We make no representations or warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or noninfringement. To the fullest extent of the law, Company its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. You agree that your use of this Site is completely at your own risk. We disclaim any liability for any resulting damages or injury whether direct, indirect or consequential.
Visiting the Site or sending emails to the Site constitutes electronic communications. You hereby consent to receive electronic communications and agree that all agreements, notices, disclosures and other sources of communication provided to you electronically, via email and on the Site, satisfy any legal communication that such communications be in writing.
Links to Other Websites
No Unlawful or Prohibited Use
You agree not to use our Site for any unlawful or prohibited purpose. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You agree not to use our Site for fraudulent purposes or criminal activity, including but not limited to impersonation, harassment, annoyance or deception.
The content provided throughout this Site, including all digital content delivered via email or any electronic means are resources for educational and informational purposes only. This information should not take the place of hiring licensed professionals. Please review our full Disclaimer.
No user of this site shall act or refrain from acting based on information included on our Site.
Limitation of Liability
Under no circumstances shall Company, its subsidiaries, or its licensors be liable for any direct indirect, incidental, special, or consequential damages that result from the use of or inability to use, this Site. This limitation applies whether the challenged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. This exclusion shall be limited to the full extent permitted by law.
Release of Claims
We shall not be liable to any party for any direct, indirect, special, incidental, equitable or consequential damages for any reliance on or Site or its content or anyone affiliated with us in any way. You hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries accidents, misapplication of information, or any other loss, physical or mental condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless Company, our officers, owners, directors, employees, agents and third parties, for any losses, liabilities, cost, expenses, attorney fees and any other cost arising out of your use of or inability to use the Site or services, your violation of any terms of this agreement or your violation of a third party right or other laws or regulations.
These Terms shall be governed by and construed in accordance with the laws of Oregon. You expressly agree that that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms is only in the State or Federal Courts in Oregon. You hereby consent to personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms is held by a court of law to be illegal, invalid, or unenforceable, (a) the Parties shall amend that revision to achieve substantially the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or invalidated.
Any disputes involving these Terms shall be submitted to binding arbitration in Oregon in accordance with the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In Company’s sole discretion, intellectual property disputes may be handled through the appropriate state or federal court in Oregon, and you consent to exclusive jurisdiction and venue in such courts.
Notice of Change
We reserve the right to modify or replace these Terms at any time. You have the responsibility to keep updated as to all such changes by periodically checking our Site. Your continued use of this Site after changes to the Terms constitute your acceptance to the modified or replaced Terms and your consent to abide by the Terms as modified or replaced whether you have read them or not.
If you have any questions or concerns regarding these Terms and Conditions, email us at firstname.lastname@example.org and put “Terms” in the subject line.