Last updated: October 17, 2017
Terms & Conditions
The following terms and conditions are a legally binding agreement which govern your use of our website and purchase of products on our website. Please review the entire agreement carefully. When you submit any information on our website you are certifying that you are 13 years or older who can form legally binding agreements. Any access or use of our Website by anyone under the age of 13 is strictly prohibited. You further certify that you have read and agree to all terms and conditions contained in this Agreement.
GENERAL TERMS AND CONDITIONS
The information presented on the Website is provided for informational purposes only and is in no way intended as a substitute for professional FINANCIAL, LEGAL OR medical advice, diagnosis or treatment. ALWAYS CONSULT WITH AN APPROPRIATE PROFESSIONAL bEFORE TAKING ANY ACTION FROM ANY ARTICLE OR OTHER INFORMATION ON OUR WEBSITE.
- Limited License. You are granted a limited personal, non-exclusive and non-transferable right and license to access our Website and the information provided in our downloadable documents. Unless otherwise specified in writing, our services and downloadable documents are for your personal and non-commercial use. Our downloadable documents are protected by copyright and trademark laws which we will enforce.
- Disclaimer of Warranties. OUR WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. ANY PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH OUR WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME, FINANCIAL OR LEGAL OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE ARE NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES 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, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE FAILURE TO RELALIZE ANY SPECIFIC RESULT FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF US TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS WE LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
3.1 Product and Service Information Disclaimer. The product and service information provided on or through our Website is intended only for residents in the United States. Our Website and its links may, however, contain information about products and services that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products and services and information therein advertised on our website have not been approved or cleared by a government regulatory body. We do not recommend or endorse the same. You should not construe anything on Our Website as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.
- Copyright and Trademarks. Our Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and We owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
4.1 DMCA Notice. The Digital Millennium Copyright Act of 1998 (the “DMCA”) protects copyright owners who believe that material which appears on the Internet infringes upon their rights under the U.S. copyright law. IF you believe that we have published information of yours which is protected copyrighted material, please send us a notification requesting to remove the material or block access to it. We will delete all content if correctly notified that such content encroaches or violates another’s intellectual property rights. All notifications should comply with the requirements of DMCA. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA gives you permission to send a counter-notice to us. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notice should be sent via email to email@example.com.
4.2 Scope of Use of Copyright and Trademarks. We maintain the Website for your personal information, education, and communication. You may download material displayed on the Website for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of our Website for public or commercial purposes, including the text and images, without our written permission. We make no representation that the information contained on the Website or our Products is appropriate or available for use in locations outside of the United States, and access to our Website from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access our Website from other locations do soon their own initiative and are responsible for compliance with applicable local laws.
4.3 Your content. In the event you are permitted to post content (written, photography, video) or comments on our Website you agree that we do not review such content prior to posting and are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or related to such content. You agree that any such content will not be inaccurate, offensive, indecent, or objectionable; and you agree to waive any legal or equitable claims, rights, or remedies you may have against us arising out of or related to other users content. You further agree that your content will be available to the public. If you register for any service through a third party social media account such as Facebook or Google, your profile may link to your public profile at that account. You are solely responsible for your content and the consequences of posting the same. You warrant that you have appropriate permission, license or rights to publisher third party content on our Website. By posting your content, you grant us a perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable, worldwide right and license to reproduce, prepare derivative works including all right and license to use your name, likeness, photograph, image, voice, and statements in connection with your content and any derivative works thereof, including to promote or advertise our Website and the services or the products as well as the services of affiliates, advertisers and other third parties. To the extent permitted by law, you hereby waive any moral rights you may have in or to your content. Finally, you agree that you are not entitled to any compensation if your content, including without limitation, your name, likeness, photograph or image is adjacent to or included with advertisements, promotions, coupons, offers or other information, or otherwise used to promote our website or the products and services on the Website or any other company or product that is mentioned or discussed in your content. We reserve the right not to use or to remove your content without notice and for any reason.
- Indemnification. You agree to indemnify and hold Us, Our parent and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of Our Website, services or products; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity.
- Third Party Websites. Our Website may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Us of the applicable website or any association with the website’s operators. Because We have no control over such websites and resources, you agree that We are not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on Our Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that We shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
- The Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without resort to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed and adjudicated only in the federal or state courts located in or serving Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of this Agreement.
- JURY TRIAL WAIVER. YOU AND WE EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
- CLASS ACTION WAIVER. YOU AND WE EACH AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MAY ONLY BE IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Any claim or cause of action you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
- The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. If you reside outside the United States, nothing in these Terms shall, to the extent required by applicable law that cannot be excluded by agreement, affect any rights you may have under existing consumer protection laws, unfair competition laws or other applicable laws of the country in which you reside, including any right you have to bring a claim in the courts of your home country.
- BINDING ARBITRATION. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Delaware in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.
- General Provisions. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Us and governs your use of Our Website. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
- Contact Us. If you have any questions about the Agreement or about our practices, please feel free to contact us at firstname.lastname@example.org or Brainfire Media, 73 Greentree Dr. #33 Dover, DE 19904.