Defying Gravity, Inc. dba The Cynthia Garcia Company (“Company” or “we,” “our,” or “us”) owns or controls, and provides access to, cynthiagarcia.com and related websites (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through cynthiagarcia.com and that link to these TERMS (collectively, “Web Site”). THESE TERMS GOVERN YOUR USE OF THE WEB SITE. These TERMS only apply to the Web Site, and not to any other web site or any offline activities by Company (unless specifically stated). You agree to these TERMS by accessing or using the Web Site, registering for services offered on the Web Site, or by accepting, uploading, submitting or downloading any information or content from or to the Web Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEB SITE.
OUR WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Information on the Web Site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on the Web Site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or services purchased from the Web Site, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on the Websites. Information provided on the Web Site and the use of any products or services purchased from our Websites by you DOES NOT create a doctor-patient relationship between you and any of the physicians, nutritionists, or health practitioners affiliated with our Websites. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
FOR EDUCATIONAL PURPOSES
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
The Websites are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
ACCEPTANCE OF TERMS
Your use of the Web Site is subject to these TERMS, which may be updated by us from time to time without notice to you. It is important for you to refer to these TERMS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TERMS. Your use of the Web Site constitutes your acceptance of these TERMS.
DESCRIPTION OF WEB SITE SERVICES
The Site is available to individuals seeking information concerning Cynthia Garcia, Defying Gravity, Inc. dba The Cynthia Garcia Company, and its business operations. Nothing on the Site is, or should be construed as, a recommendation for a specific treatment regime or a substitute for the advice of a healthcare professional. It is for educational and entertainment purposes only.
We provide Visitors and Members with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.
Members. Members can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Members; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Member Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Cynthia Garcia community.
INTELLECTUAL PROPERTY OWNERSHIP; LICENSE; COPYRIGHT
“Defying Gravity”, “SELF Made Method,” “SELF Made Membership,” “I’d Like to Thank Myself”, “Institute of Transformational Nutrition”, “The Modern Life Coach School”, “Stuck Story”, “The Stuck Story Coaching Method”, “The Short Story Coaching Method”, and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Defying Gravity, Inc. dba The Cynthia Garcia Company. All other trademarks, product names, and company names and logos appearing on our Websites are the property of their respective owners.
The past, present and future Web Site content, including, but not limited to, materials, logos, copy, graphics, text, logos, images, audio, video, source code, domain names, trade names, service marks, and any and all copy writable material are the property of Defying Gravity, Inc. or its licensors and are protected by U.S. and international copyright, trademark and/or other intellectual property rights laws. Except to the minimum extent otherwise expressly permitted under this Agreement, you may not copy or exploit materials used in conjunction with the Site without the express written approval of Defying Gravity, Inc. You may not remove, alter, obscure or obliterate any proprietary notices, such as copyright and trademark notices, contained in this Site.
USE OF FREE DOWNLOADABLE CONTENT
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Members, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
Certain products or Services may be offered for sale on our Web Site. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by our Websites or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide our Web Site or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby Defying Gravity, Inc. dba The Cynthia Garcia Company to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card.
As consideration for any purchase you make on the Websites, you shall pay Defying Gravity, Inc. dba The Cynthia Garcia Company all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.
If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. We reserve the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Some services offered by Web Site are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason. We agree that we will notify you when, and if, we decide to terminate your account.
Your subscription will be automatically renewed and your credit card will be automatically charged on a yearly, quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that we will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all our obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
In the event you elect to terminate your subscription, you may call 888-744-9689. Our customer service specialists are available 9:00 AM – 4:00 PM PST. You can also email hello @ cynthiagarcia.com.
Terminations are not retroactive. If you terminate your subscription or membership after your membership period has begun, will not receive a refund for any remaining days of access in your subscription or membership. You will have access to your subscription or membership until your next rebill date. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any subscription account, you hereby agree that we may charge these unpaid fees to your credit card.
If you have opted to pay for the subscription or membership via a payment plan, your first payment will be due upon checkout. The recurring monthly payment will be charged to your card every 30 days. In the event you decide to cancel or the Company terminates your participation in the Program, any remaining installment, default, or late payments in your payment plan will be due immediately. Even if you withdraw from the subscription or membership prior to its conclusion, or if the Company terminates your participation due to your violating these TOU, you are required by law to complete the remaining payments of your payment plan.
Your satisfaction with our products, programs, subscriptions, memberships, and other items sold on our website is important to us and we are always open to feedback. Due to the immense amount of content and resources in the memberships, subscriptions, and programs we offer; the time and effort that goes into creating these memberships, subscriptions, and programs, the fact that live coaching aspects are involved, we have a no strict refund policy. If a chargeback is placed on a purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the full payment for the amount of the chargeback as well as any administrative fees incurred by the Company.
LINKS TO OTHER WEB SITES
OUR LINKING POLICY
Any web site that links to the Web Site: (a) must not frame or create a browser or border environment around any of the Content of the Web Site; (b) may link to, but not replicate, the Content; (c) must not imply that Company or the Web Site is endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of the Web Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these TERMS, we reserve the right to deny permission to link to the Web Site for any reason in our sole and absolute discretion.
Any conduct by you on our Web Site that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Websites will not be permitted. You agree to use our Web Site only for lawful purposes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Websites, use of our Web Site, or access to our Web Site. You agree not to access our Web Site by any means other than through the interface provided by us for use in accessing our Web Site. You understand that the robots.txt file is the only means by which robots are authorized to access our Websites. You agree not to violate any of the robot access policies.
Any threat or suggestion to commit suicide will be reported to the proper authorities and the posting will be removed from the Community boards. If you are in need of someone to talk with, call the National Crisis/Suicide Hotline at 1-(800)999-9999. If you are in immediate danger, call 911!
You will not use the Web Site to:
- Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Company, its parent, subsidiaries or affiliates), anything that adversely affects Company business such as discouraging any person or entity from advertising with, linking to or supplying Company, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company’s sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Site, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Site; (v) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation; (vi) any material that encourages, promotes, solicits or commits conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or (vii) otherwise make available any material that exploits or harms any individual, corporation or other entity;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
- Use or attempt to use another’s information, account, password, service or system except as expressly permitted; or
- Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.
You represent, warrant and agree that you will comply with the above acceptable use policy.
EMAIL, NEWSLETTER, EZINE, AND ONLINE MAGAZINE
You understand that by entering your name and email address on the website that you are subscribing to a free, no obligation “advice” email newsletter, aka ezine or online magazine. This newsletter is offered as a free service by cynthiagarcia.com, and no purchase is necessary.
By entering this website, you agree that you wish to be subscribed to this newsletter, and that you will make no threats, and take no additional action against cynthiagarcia.com in the event you are unhappy that you subscribed or are not able to remove yourself from this free mailing list, and you agree that the small inconvenience of receiving this unwanted newsletter will cause you no personal, emotional, or financial harm whatsoever.
You agree that you have opted-in to receive our newsletter by providing your first name and email address on our website. If you do not wish to receive our newsletter, simply click on the unsubscribe link at the bottom of each newsletter.
If you need further assistance, please contact us at info@ cynthiagarcia.com or write to us at: Defying Gravity, Inc., 300 E 13th Street, Suite #202, Ground Floor, Vancouver, WA 98660.
Notice about testimonials or emails from readers: testimonials and emails from readers are all true, reflect the opinions and experiences of real users of Defying Gravity, Inc. services and products, and are submitted to Defying Gravity, Inc. voluntarily by customers.
If you would like to submit a testimonial or email to Defying Gravity, Inc., you agree that it becomes the exclusive property of Defying Gravity, Inc. which for example includes the rights to reproduce, edit (for length but not general content), and/or publish the testimonial, which may include your name or initials and city/state/country of residence. Some customers that have submitted testimonials may have received a Defying Gravity, Inc. service as a “thank you” in appreciation for the time they invested to write or record their testimonials.
The Web Site may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
THIRD PARTY CONTENT AND INFORMATION
The Web Site contains Content that is provided for your convenience and enjoyment. Third parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Web Site or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. Third party advertisers may offer goods, services and other materials to you on the Web Site. Your correspondence and business dealings with others found on or through the Web Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Web Site. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to, products, services or publications within the Web Site do not imply endorsement of that product, service or publication.
INFORMATION YOU SUBMIT
From time to time, the Web Site may contain or describe functionality or other methods through which you can upload or otherwise submit information, data, software, messages, photographs, audio, video, text and other materials to the Web Site (“Your Upload Information”). For example, the Web Site may offer forums, bulletin boards, wiki, chat rooms or other interactive areas. Company, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. Company reserves the right, but is not obligated, to post, delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. Company reserves the right to suspend or terminate your access to the Web Site and pursue all legal remedies if we believe your Upload Information infringes another’s copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Upload Information.
All of Your Upload Information is your sole responsibility. This means that you, and not Company, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Web Site. If you post personal information in User Forums or on other publicly available areas of the Web Site, then you may receive unsolicited messages from third parties. Company cannot ensure the security of any information you post on publicly available areas of the Web Site. Under no circumstances will we be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information. You represent that Your Upload Information is an original work by you or you have all necessary rights in it and to submit it to Company under the terms of these TERMS; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of the TERMS or any User Agreement.
You acknowledge and agree that Company may have access to, create or have created literary materials and ideas which may be similar or identical to Your Upload Information in theme, idea, plot or format or in other respects. Accordingly, and without limiting other provisions in these TERMS, by submitting Your Upload Information, you agree to waive any claims you may have against Company for copyright infringement, breach of confidence, theft of ideas, violation of trade secrets or any other action in contract or tort.
If Your Upload Information is submitted to Company on physical media, such media will not be returned and will become the property of Company.
DISCLAIMER OF WARRANTIES
ALL INFORMATION CONTAINED ON OUR WEBSITES, INCLUDING INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS, PRODUCTS AND TREATMENTS, IS FOR INFORMATIONAL PURPOSES ONLY, AND NOT AS MEDICAL ADVICE. SUCH INFORMATION IS OFTEN PRESENTED IN SUMMARY OR AGGREGATE FORM AND IS NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL(S) OR FOR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABELS. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE WEBSITES FOR THE DIAGNOSIS OF A HEALTH PROBLEM OR THE PRESCRIPTION OF MEDICATION.
YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN AND MEDICAL ADVISORS BEFORE PURCHASING OR USING ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OUR WEBSITES. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED FROM OUR WEBSITES. INFORMATION PROVIDED ON THE WEBSITES AND THE USE OF ANY PRODUCTS OR SERVICES PURCHASED FROM OUR WEBSITES BY YOU DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE PHYSICIANS AFFILIATED WITH OUR WEBSITES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, IS PROVIDED “AS IS,” “AS AVAILABLE, ” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
PRICE AND AVAILABILITY INFORMATION ON OUR WEBSITES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
DISCLAIMERS/LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THE WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY ENTITIES AND INDIVIDUALS WITH RESPECT TO ANY AND ALL COSTS, CLAIMS, DEMANDS, INVESTIGATIONS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, SETTLEMENTS, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS, INCLUDING, WITHOUT LIMITATION: (A) YOUR USE OF THE WEB SITE; (B) YOUR VIOLATION OF THESE TERMS OR ANY LAW, RULE OR REGULATION; (C) YOUR USE OF THE CONTENT; OR (D) ANY OF YOUR UPLOAD INFORMATION. YOU WILL COOPERATE AS FULLY AND REASONABLY AS REQUIRED BY COMPANY IN THE DEFENSE OF ANY CLAIM. NOTWITHSTANDING THE FOREGOING, COMPANY RETAINS THE EXCLUSIVE RIGHT TO SETTLE, COMPROMISE AND PAY ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, ACTIONS OR CAUSES OF ACTIONS WHICH ARE BROUGHT AGAINST COMPANY HEREIN UNDER THE TERMS AND PROVISIONS OF THIS SECTION 16 AND IN NO EVENT SHALL YOU SETTLE ANY SUCH CLAIM WITHOUT COMPANY’S PRIOR WRITTEN APPROVAL.
THESE TERMS AND THE INTERPRETATION OF THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
JURISDICTION AND VENUE
You waive all rights to trial by jury in any action or proceeding instituted in connection with these TERMS and/or the Web Site. Any controversy or claim arising out of or relating to these TERMS and/or the Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of Los Angeles, County of Los Angeles, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 18 of these TERMS and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of Los Angeles, County of Los Angeles. You waive the defense of forum non conveniens.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Sites and the Content, including, without limitation, those governing your transmission or use of any software or data. These TERMS and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Web Sites, the Content and Your Upload Information and supersedes any and all other prior written or oral agreements between them. The section titles in these TERMS are for your convenience only and do not have any legal or contractual effect. You agree that these TERMS will not be construed against Company by virtue of having drafted these TERMS. If any provision of these TERMS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these TERMS. No waiver on the part of Company of any of these TERMS will be of any force or effect unless made in writing and signed by a duly authorized officer of Company.
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