By using our Website, you agree to these Terms and Conditions of Use ("Terms and Conditions"). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms and Conditions, you should not use our Website and, if applicable, you should arrange to cancel your subscription with us.
1. Scope of Terms and Conditions
Unless we indicate otherwise, these Terms and Conditions apply to your use of the websites which are owned or operated by VanCamp Enterprise, LLC d/b/a #beMarthaFit ("#beMarthaFit" or the "Company") and our affiliates, owners, agents, contractors and employees (collectively, "we," "us," or "our"), including, without limitation, this website and any other website, portal or Community Platform (as defined herein) that we may own, operate, serve as administrator or utilize currently or in the future (collectively, our "Website"). For purposes of these Terms and Conditions, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, the Company.
2. General Terms and Conditions
By using this Website, including any related community platform, you agree to be legally bound and to abide by these Terms and Conditions, just as if you had signed this agreement. If you do not comply with these Terms and Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof) or the Community Platform (as defined herein). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms and Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third- party for any termination or cancellation of your access to, or use of, our Websites. From time to time, we may supplement these Terms and Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms and Conditions.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms and Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws, or any other applicable laws, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks, either registered or arising under common law, appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
4. Becoming a Registered Client
You do not have to become a registered client to view the Website, however if you do not register, you will be precluded from using certain services, products, offerings, features, or resources of our Website. In addition, you must register in accordance with the instructions that you will find on this Website to participate in, and to contribute to, any Community Platform. A "Community Platform" means any blog, personal page, group page, chat room, message board, bulletin board, social media page, including Facebook or Instagram pages or groups, or similar activity where you can communicate with us or other users of our Website or post your own Content. If you elect to become a registered client of our Website ("Registered Client"), you agree to provide us with true, accurate and complete information about yourself ("Registered Client Data"), and to maintain and promptly update the Registered Client Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof) and the Community Platform. You agree not to assign, transfer or sublicense your rights as a registered client of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
6. Social Media Policy, Community Standards and Conduct Guidelines
The goal of the Company is to foster positivity, help, compassion, empathy and guidance. As a Registered Client you are required to follow the following guidelines, in addition to the other provisions of these Terms and Condition, in your public social media presence on the Website or Community Platform.
You acknowledge that all content posted, emailed, or otherwise transmitted to, through or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted, including any photos, videos, text, graphics, questions, suggestions, messages, comments, feedback, ideas, recipes, notes, articles or other materials (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
You agree not to use this Website or Community Platform, including the #beMarthaFit Facebook page, to: (i) upload, post, email or otherwise transmit any communication or other materials that are untrue, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion); (ii) upload, post, email or otherwise transmit any communication or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party; (iii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose; (iv) upload, post, email or otherwise transmit any communication or other materials that contain 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; (v) interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (vi) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; (or) (vii) solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords or access or attempt to access another user's account without his or her consent.
You expressly agree and grant permission for the Company to use any messages, images, photographs, pictures or videos of you, that you voluntarily submit to the Company through the Website or the Community Platform, for any publication, marketing and promotional materials of the Company, but solely for business promotion purposes of the Company.
8. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Website.
9. Copyright and Trademarks
The entire Content included in this Website or Content posted on the Community Platform, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of the Company. Permission is granted to electronically copy and print hard copy portions of this Website or the Community Platform solely for your personal use and only as needed for you to receive the benefit of your subscription. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this site is strictly prohibited, unless authorized by the Company. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of the Company used on the Website are trademarks or registered trademarks of Company.
These Terms and Conditions apply only to this Website and to the Community Platform, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster. For the sake of clarity, while these Terms and Conditions apply to the Community Platform which may be operated through Facebook, these Terms and Conditions do not supersede any terms and conditions that may be applicable to Facebook or your use thereof; therefore you acknowledge and agree that (i) we are not responsible for the availability of any Community Platform operated through Facebook or similar online or social media platform, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from Facebook or similar social media or online platform; (ii) under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on Facebook or similar online platform (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources); and (iii) you should direct any concerns with respect to any other website to that website's administrator or webmaster.
11. Third Party Products and Services
You may order services, merchandise or other products through our Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
12. Reliance on Information Posted
The information presented on or through the Website or the Community Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website or the Community Platform may include content provided by users and third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We are in no way responsible for any information submitted by any user or third party, nor shall we be deemed to be endorsing any user or third party information submitted on the Website.
13. Subscription Fees
In order for you to become a Registered Client and for you to use the services and resources made available on the Website or by us, you must pay the Company through either a recurring subscription, monthly user fee, one-time fee, or other fees as provided on the Website. In addition, you are responsible for any state or local sales taxes associated with the services purchased.
14. Billing and Payment Policy
15. Automatic Subscription Renewal and Cancellation
PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE REGISTERED CLIENT. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE WEBSITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.
You may cancel your paid membership subscription at any time by contacting the Company at firstname.lastname@example.org or [NUMBER]. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. If you are on a monthly subscription plan, you must provide written notice of cancellation no later than ten (10) days prior to the end of the then current month of your subscription, otherwise you will be charge for an additional month at the subscription price.
16. Refund Policy
Except as set forth in these Terms and Conditions, all sales and payments for goods, services or registrations are final and non-refundable and there are no refunds or credits for unused or partially used services or service cancellations. If you withdraw or cancel for any reason, there are no refunds on any payments or moneys paid to the Company. Once you commit and sign up to be a Registered Client, you are waiving the right for any refund due to any and all reasons that surround #beMarthaFit, the Company, or any of its employees or contractors.
17. Password and User Security
If you are a Registered Client of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information, including your password and user account information for the Community Platform. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
18. Health Disclaimer
YOU WILL RECEIVE A CUSTOMIZED MEAL PLAN AND PERIODIC REVISIONS TO THE SAME, AS WELL AS POSSIBLE SUGGESTED WORKOUT AND EXERCISE ROUTINES FROM THE COMPANY. ALL MEAL PLANS ARE CUSTOMIZED TO YOU BASED ON THE INFORMATION YOU HAVE PROVIDED AT TIME OF REGISTERING. ANY WORKOUTS OR EXERCISE ROUTINES ARE GENERAL IN NATURE AND YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE STARTING OR COMPLETING ANY WORKOUT OR EXERCISE ROUTINE.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY, INCLUDING MARTHA VANCAMP AND THE COMPANY'S REPRESENTATIVES, AGENTS AND EMPLOYEES, ARE NOT PHYSICIANS OR PSYCHOLOGISTS, AND THE SCOPE OF THEIR CONSULTATION SERVICES DOES NOT INCLUDE TREATMENT OR DIAGNOSIS OF SPECIFIC ILLNESSES OR DISORDERS. IF YOU, THE CLIENT, SUSPECT YOU MAY HAVE AN AILMENT OR ILLNESS THAT MAY REQUIRE MEDICAL ATTENTION, THEN YOU ARE ENCOURAGED TO CONSULT WITH A LICENSED PHYSICIAN WITHOUT DELAY. ONLY A LICENSED PHYSICIAN CAN PRESCRIBE DRUGS. ANY MENTION OF DRUGS IN THE COURSE OF CONSULTATION IS ONLY FOR THE PURPOSE OF PROVIDING A COMPLETE HISTORY OF DRUGS THAT THE CLIENT IS TAKING AND NOT FOR THE COMPANY, MARTHA VANCAMP OR A COMPANY REPRESENTATIVE, AGENT OR EMPLOYEE TO JUDGE THE APPROPRIATENESS OF THE MEDICATION. ANY CHANGE IN PRESCRIPTION OR DOSAGE IS A DECISION THE CLIENT MAKES WITH HIS OR HER PHYSICIAN.
RATHER THAN DEALING WITH TREATMENT OF DISEASE, THE COMPANY, INCLUDING MARTHA VANCAMP AND THE COMPANY'S REPRESENTATIVES, AGENTS AND EMPLOYEES, FOCUS ON WELLNESS AND PREVENTION OF ILLNESS THROUGH THE USE OF NON-TOXIC, NATURAL NUTRITIONAL THERAPIES TO ACHIEVE OPTIMAL HEALTH. AS A CERTIFIED WELLNESS COACH, MARTHA VANCAMP PRIMARILY EDUCATES AND MOTIVATES CLIENTS TO ASSUME MORE PERSONAL RESPONSIBILITY FOR THEIR HEALTH BY ADOPTING A HEALTHY ATTITUDE, LIFESTYLE, AND DIET.
WHILE PEOPLE GENERALLY EXPERIENCE GREATER HEALTH AND WELLNESS AS A RESULT OF EMBRACING A HEALTHIER ATTITUDE, LIFESTYLE, AND DIET, THE COMPANY, INCLUDING MARTHA VANCAMP AND THE COMPANY'S REPRESENTATIVES, AGENTS AND EMPLOYEES, DO NOT PROMISE OR GUARANTEE PROTECTION FROM FUTURE ILLNESS.
BY BECOMING A REGISTERED CLIENT, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THAT MARTHA VANCAMP, AND HER EMPLOYEES OR AGENTS (AS MAY BE APPLICABLE FROM TIME TO TIME), ARE WELLNESS CONSULTANTS AND NOT PHYSICIANS, AND THAT YOU SHOULD SEE A DOCTOR IF YOU THINK YOU HAVE A MEDICAL CONDITION. YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY, MARTHA VANCAMP, NOR ANY REPRESENTATIVE, AGENT NOR EMPLOYEE OF THE COMPANY SHALL BE LIABLE FOR FAILURE TO DIAGNOSE OR TREAT AN ILLNESS, NOR WILL THEY BE LIABLE FOR FAILURE TO PREVENT FUTURE ILLNESS.
ADDITIONALLY, YOU AGREE THAT YOU SHALL PROVIDE THE COMPANY WITH A COMPLETE AND ACCURATE ACCOUNT OF ANY MEDICAL CONDITIONS THAT YOU MAY HAVE AND ANY MEDICATIONS AND/OR SUPPLEMENTS THAT YOU ARE TAKING.
THE COMPANY DOES NOT ENDORSE OR ENCOURAGE ANY FASTS, LIQUID DIETS, OR STARVATION DIETS TO ACHIEVE WEIGHT LOSS RESULTS. THE COMPANY DOES NOT ADVISE ON THE APPROPRIATENESS OF ANY NUTRITIONAL OR VITAMIN SUPPLEMENTS, AS ANY QUESTIONS RELATED THERETO SHOULD BE POSED TO YOUR PRIMARY CARE PHYSICIAN PRIOR TO TAKING ANY SUCH SUPPLEMENTS.
IT IS HEREBY RECOGNIZED THAT YOU ARE WILLINGLY AND VOLUNTARILY SIGNING UP FOR A CUSTOMIZED MEAL PLAN OR OTHER SERVICE PROVIDED BY THE COMPANY. WE HIGHLY ENCOURAGE ALL PARTICIPANTS, CLIENTS OR REGISTERED CLIENTS TO HAVE A MEDICAL CHECK-UP AND CLEARANCE BEFORE ENGAGING IN ANY AND ALL PHYSICAL PARTICIPATION ASSOCIATED WITH ANY COMPANY PROGRAM OR ANY SERVICE FROM THE COMPANY. YOU ARE AGREEING TO ASSUME ALL RISK IN ITS ENTIRETY, INCLUDING INJURY OR DEATH. YOU RECOGNIZE THAT YOU ARE IN CONTROL OF YOUR BODY AND ANY AND ALL DECISIONS YOU MAKE IN CHOOSING WHAT FOODS, SUPPLEMENTS AND EXERCISES TO DO OR NOT DO.
IF YOU DECIDE TO USE ANY OF THE COMPANY SERVICES OR YOU DECIDE TO WORK OUT OR EXERCISE ON YOUR OWN, YOU ARE AGREEING TO ALL OF THE AFOREMENTIONED LIABILITIES, RISKS AND DANGERS. YOU ARE AGREEING TO ASSUME THE RISK OF INJURY AND DEATH IN ITS ENTIRETY REGARDLESS OF THE CAUSE, AND THAT YOU WILL NOT HOLD THE COMPANY AND ANY AND ALL OF ITS OWNERS, CONTRACTORS AND EMPLOYEES LIABLE FOR INJURIES OR DEATH THAT COULD RESULT FROM YOUR PHYSICAL ACTIVITY, WHETHER SUCH ARISES FROM ANY OF OUR SERVICES OR NOT.
In addition, the medical information on this site is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. This information is not intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.
19. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, MERCHANDISE, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER THE COMPANY, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER THE COMPANY, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
20. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, OWNERS, EMPLOYEES, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; (F) ANY CLAIM, COST OR INJURY DUE TO IMPLEMENTATION OF ANY ADVICES PROVIDED BY COMPANY FROM ANY MEANS OR WEBSITE; OR (G) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website and the Community Platform, including, but not limited to any use of the Website's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.
22. Governing Law and Choice of Forum
23. Miscellaneous Terms
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
- On this Website.
- In e-mail, text and other electronic messages between you and this Website, including through any platform hosted by Facebook or other social media platform.
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to the Website.
- In other ways that we describe to you at the point of collection or otherwise with your consent.
It does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website
2. Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any personal information to or on the Website. We do not knowingly collect or maintain personal information from children under the age of 13, and no part of our Website is designed to attract anyone under the age of 13. If you are under the age of 13, do not provide any information on this Website or on or through any of its features/register on the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.
3. Information We Collect About You and How We Collect It
We may collect several types of information from and about users of our Website, including information:
- By which you may be personally identified, such as name, postal address, e-mail address, telephone number, username, qualifications and preferences, date of birth, or any other identifier by which you may be contacted online or offline.
- That is about you but individually does not identify you, such as content preferences and frequency of access of the Website.
- About your internet connection, the equipment you use to access our Website and usage details.
- Directly from you when you provide it to us.
- Automatically as you navigate through the Website. Information collected automatically may include without limitation usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including without limitation:
- Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers may transmit "do-not-track" signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, the Website currently does not take action in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals.
The information we collect automatically is statistical data and may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service.
The technologies we use for this automatic data collection may include without limitation:
- Any industry standard data and website information collection methodologies then in existence.
4. How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To carry out our obligations and enforce our rights arising from any contracts or relationships entered into between you and us.
- To notify you about changes to our Website or any products or services we offer or provide through it.
- To allow you to participate in interactive features on our Website.
- In any other way we may describe when you provide the information.
- For any purposes permitted under this policy or the Terms and Conditions.
- For any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
5. Disclosure Of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms and Conditions (here) and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, other users of the Website, our customers or others.
We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of the Website.
6. Accessing And Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page. If you delete your contributions from the Website, copies of your contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including your contributions, is governed by our Terms and Conditions (here).
7. Your California Privacy Rights
California "Shine the Light" law permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at email@example.com or write us at:
701 Helen Ave.
Chesapeake, VA 23322
8. Online Payments
9. Social Media Services And External Links
The Company may use social networking or "share functionality" or may contain links to third-party social media sites or application that are not owned or controlled by the Company. Your use of these features may result in the collection or sharing of information about you by these sites or applications, depending on the feature. The Company has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, or practices of any third-party site or application. You are subject to the policies of those third parties when and where applicable.
The Website provides external links to other sites which are not under the control of the Company. These links are provided for your convenience and for your reference only. These links are not intended as an endorsement by the Company of the information contained on these websites or of the individual(s) operating these website(s).
The Company is not responsible for the privacy practices of websites linked to its website. We encourage you to be aware when you leave the Company's Website and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected on the Website.
11. Contact Information