Site Terms of Service, an Enforceable Legal Agreement, as of August 1, 2017
User Prohibited from Illegal Uses
The User shall not use, and shall not allow any person to use, the Site or Services in any way that violates any federal, state, or local laws, regulations, or ordinances, or for any disruptive, tortious, or illegal purposes, including but not limited to harassment, slander, defamation, data theft, or inappropriate dissemination, or improper surveillance of any person or persons who are Users of the Site or its Services.
User Represents and Warrants That:
The User will use the Services only as provided in these Terms;
The User is at least 18 years old and has all legal right, authority, and capacity to agree to these Terms;
The User will provide accurate, complete, and current information to the Site and its owner(s);
The User will notify the Site and its owner(s) regarding any material change in any of the information the User has provided, is providing, or will provide, either by updating and correcting the information, or by informing the Site and/or its owner(s) via the functions of the Site or the contact information provided below.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” INCLUDING ANY AND ALL FAULTS. THE SITE DOES NOT AND CANNOT GUARANTEE UNINTERRUPTED USE OR OPERATION OF THE SITE OR SERVICES, NOR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR ENTIRELY SECURE. FURTHERMORE, THE SITE DENIES ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND REGARDING ANY OF THE AFOREMENTIONED, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.
Liability Is Limited
NEITHER THE SITE NOR ITS OWNER(S), CONTRIBUTORS, SUPPLIERS, LICENSORS, AND ANY OTHER RELATED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INSIGNIFICANT, SIGNIFICANT, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION BY ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY OTHER SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE(S) PROVIDED BY, OR PRODUCT(S) OR DEVICE(S) MANUFACTURED BY, THIRD PARTIES.
NOTWITHSTANDING ANY DAMAGES THAT THE USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE OR IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY THE USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use occurs with or without the User’s knowledge or consent. The Site shall have no liability for any damages related to: the User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Third Party Products, Links, and Actions
The Site may include or offer third party products or services. The Site may, also, have other users or members who interact with each other, directly or indirectly, through the Site, elsewhere online, via phone, other mediums, or in person. These third party products and any linked sites may have separate and/or independent terms of service and privacy policies. The Site and its Owner(s) have no control or responsibility or liability for the content and/or activities of any of these linked sites, sellers, or any third parties in general, regardless of whether the User was first introduced or interacted with such businesses, services, products, and/or people through the Site, and therefore the User agrees that the Site and its Owner(s) are not liable for any interactions, losses, or gains that occurs between the User and any third parties. The Site and its Owner(s) do, however, welcome any feedback about these sites, sellers, vendors, other Users or Members, and third parties.
Changes to the Site and the Services
The owners and contributors to the Site will work to improve the Site for its users, and to further the business interests of the Site. The Site and its Owner(s) reserve the right to add, change, edit, and/or remove features, content, and/or data, including but not limited to the right to add or change any pricing terms or agreements. The User agrees that we will not be liable for any such changes. Neither the use of the Site by the User nor these terms give the User any right, title, or protectable legal interest in the Site nor its contents.
This Site and some of the delivery method of the Site’s product(s) are built and maintained on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, visit http://wordpress.org/about/gpl/
Through the terms of this Agreement, the Site grants the User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and its Services, under the Terms as outlined by this Agreement.
The Copyright of all content and works of authorship included in the Site are the property of the Site, its Owners, or its licensors. Apart from any links which lead to the Site, accurately attributed social media references, and text excerpts with links returning to the Site, no text, images, videos, audio recordings, or any other content from the Site shall be copied or used in any manner without the explicit and detailed, written permission from the Site’s Owner(s). The User shall not sublicense or otherwise transfer any User rights or access to the Site or related Services to any other person, entity, or corporation.
The names and logos used by the Site, and all other trademarks, service marks, and/or trade names used in connection with the Site or the Services of the Site are owned by the Site and/or its licensors and may not be used by the User without written consent of the Owners. Use of the Site does not in itself give any User of the Site any claims to any license, consent, or permission, implicit or implied, nor does the Terms of Service.
All rights not expressly granted in these Terms of Service are reserved by the Site.
Usernames, Passwords, and Profiles
Whenever prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages and other communications. The User must immediately update the Site if the validity of the provided email address changes. The Site reserves the right to terminate any User account and/or any User’s access to the Site, if a valid email address is requested but is not provided by the User or if the validity of the email address previously provided by the User changes and is not reported or updated by the User within a reasonable amount of time.
If the Site prompts or allows a User to create a username and/or profile, Users agree not to pick a username or provide any profile information that would impersonate anyone else, living or deceased, intentionally or otherwise, nor that is likely to be confused with any other person or entity, intentionally or otherwise. The Site reserves the right to cancel a User account or to change a username or profile data at any time, without notice. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any picture, image, video, or audio that impersonates any other person or entity, or that is otherwise likely to cause confusion with any other person or entity.
The User is responsible for protecting his or her chosen username and password for the Site, and the User agrees not to disclose either to any third party. The Site and its Owners recommends that the User selects a password or passphrase that is more than eight characters long, using letters, numbers, special characters, and not used with any other account. The User is responsible for all activity on the account, whether or not the User directly authorized the activity. The User agrees to inform the Site and its Owner(s) of any unauthorized use of the account, by contact us form. The User acknowledges that if he or she wishes to protect his or her interactions with, on, or through the Site, it is the User’s responsibility to use appropriate safety measures including but not limited to: a secure encrypted connection, virtual private network (VPN), and firewalls. The Site does have its own reasonable, security measures in place, but these protections cannot cover any irresponsible actions on the part of the User.
Any cause of action the User may have relating to the Site or the Site’s Services must be commenced within one (1) year after the claim or cause of action arises or the User waives all claims.
If for any reason a court of legal jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
The User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services to another.
There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law.
Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.