Privacy and Communications Policy
This Privacy and Communications Policy (“Policy”) is effective as of May 25th, 2017.
This Policy sets forth how the owner(s) and operators of chelsealayna.com (“Website”) collect and use the information you provide to us and certain other information that we automatically collect through your access and use of this Website, any mobile application offered by us or through any communications with us. YOU ACKNOWLEDGE AND AGREE THAT BY USING ANY PORTION OF THIS WEBSITE OR ANY SERVICES OFFERED ON THIS WEBSITE, OR ANY MOBILE APPLICATION WE OFFER, SUCH USE SHALL INDICATE THAT YOU HAVE READ, UNDERSTAND AND THAT YOU AGREE TO OUR COLLECTION AND USE OF THE INFORMATION PROVIDED BY YOU OR AUTOMATICALLY COLLECTED BY US, AS SET FORTH IN THIS POLICY.
If you have any general questions or concerns about this Policy, you may contact us by sending an email with your questions, comments or concerns to email@example.com.
MODIFICATIONS TO THIS POLICY
If we decide at any time to change this Policy, we will revise the effective revision date posted at the top of this Policy and we will also notify you by posting a notice of the change prominently on our home page and/or upon the next time you access this Website. Failure to opt-out after receiving notice and following the opt-out instructions contained in the notice shall be deemed to be your assent to any such changes.
HOW WE COLLECT PERSONAL INFORMATION
There are a variety of ways in which you may submit certain personal information (personally identifiable information) on this Website. We collect the following specific items of personal information (collectively “Identity Information”) that you submit through your use of this Website: your first and last name, your physical address, your phone number, and your email address.
We may ask our visitors for their email addresses and sometimes for their first and last names in order to provide any newsletters or other materials they have signed up to receive through this Website, from time to time. When you provide this information to us, we collect and store this information and use it as specifically set forth in this Policy.
When you provide any Identity Information through any form contained on this Website in order to contact us or send us a message, we collect and store this information. We may use your email or any other Identity Information you provide as expressly set forth in this Policy.
When you register and create an account with us to use this Website as a registered user, we collect the Identity Information you provide during registration and use it as set forth in the remainder of this Policy.
We collect and store your email address and all Identity Information that you provide during the check-out process when you purchase any products or services sold through this Website. We use this information as set forth in the remainder of this Policy. All credit card or other billing information you submit is only used for payment processing or fraud prevention and we do not share or disclose your credit card or other billing information with third parties except with our third party payment processor. Any specific credit card or billing information will not be kept on our server logs longer than necessary in order to complete any single transaction, unless you elect that we retain your credit card information for future purchases, or pursuant to any recurring fees required to be paid pursuant to any product(s) we sell.
When you leave any comments on our Website, we collect and store this information in our database along with your email address and author name. We use any Identity Information we collect from you as described in this Policy. Comments, by their nature, are immediately and publicly visible to all visitors to this website and they are not private. When you share information publicly, it may be indexable by search engines. Do not post information you consider to be private in nature.
Personal Information from Children Under 13
Children under the age of 13 are expressly prohibited from submitting or posting any Identity Information on this Website. If it does come to our attention that any child under the age of 13 has submitted any personal information to this Website, we will delete all such information that we have collected immediately. If you are a parent or guardian and you discover that your child under the age of 13 has submitted any of his or her Identity Information without your permission or consent, we will remove the information immediately upon your request. All requests should be made by email and sent to firstname.lastname@example.org. Please include your child’s name and a description of the type of information you think he or she may have submitted to this Website.
HOW WE AUTOMATICALLY COLLECT NON-PERSONAL INFORMATION
When you access our Website, we collect and store certain non-personally identifying information sent automatically by your browser using standard web server logs and automatic data collection tools such as direct and third-party cookies and web beacons. This information may include your IP address, which may tell us your general location information such as your country and sometimes your city, state and/or zip code, the domain name from which you access our Website, your browser type and language, the pages you access, the date and time you access pages on our Website and your operating system version. We also may determine what technology is available through your browser in order to provide you with the most appropriate version of any of our web pages. For example, we may determine that you have installed a version of Flash, and we will then send you the appropriate Flash version of the web page rather than an HTML page. We may also use this information to redirect you to a different version of our Website if you are accessing our Website through a mobile or similar device.
Device Specific Information
We may collect device-specific information about your mobile and other devices such as the type of device you are using, any unique device identifiers, mobile network information including phone numbers, device model, manufacturer, screen resolution, device capabilities, service provider, preferred user language and your page views. We do this to help us determine which aspects of the website work best for mobile traffic and which mobile marketing campaigns work best for the business, including mobile advertising, mobile search marketing, text campaigns, and desktop promotion of mobile sites and services.
Automatic Data Collection Through Cookies & Other Tools
Our Promotional Emails
We also engage third-party service providers such as mailchimp.com that use pixels or similar tools to understand whether users read our emails and/or click on links contained within our email messages. Mail chimp includes Web Beacons in the emails they deliver for us. They use the data from those Web Beacons to create reports about how our email campaign performed and what actions you take when reading our emails. Reports are also available to us when we send an email to you, so we may collect and review that information. You should carefully review the privacy policies of those third-party sites to learn more about how they may collect and use any information you submit when reading or clicking on any links contained in any emails we send to you. We shall, under no circumstances, have any liability to you whatsoever for the information collection and use/disclosure practices of any such third party that has provided or made available any social media feature or application that you use on our Website.
Third-Party Lead Generation Partners
Facebook Ad Conversion Tracking
We may use the Facebook Pixel to track whether or not you have clicked on any of our Facebook ads we run from time to time and to track any associated actions you make on our website, including which Facebook ad led to a conversion. Facebook “Custom Audiences” allows us to target our Facebook ads to you and re-market to you based on certain activities you perform on our Website. We may optimize our Facebook ads and automatically show ads to our visitors most likely to make conversions. Whenever you load a page containing a Facebook pixel, the pixel tells Facebook that a conversion event occurred. The Facebook pixel also allows us to send your data to Facebook to match your website actions with you as a Facebook user when you view or click any of our Facebook ads. We report and optimize our Facebook ads for more conversions and we pass unique identifiers such as your email and phone number that we collect from you during your actions on our Website and /or through any of our landing pages hosted by third party providers, such as opting-in to receive a newsletter or checking-out via your purchase of one of our informational products.
Both session cookies, which do not stay on your browser after you exit this Website, and persistent cookies, which remain on your computer until you delete them or they expire, may be used by us. You can elect to turn off all cookies and web beacons through your browser settings. However, if you elect to do so, there may be some features of our Website that will not be available to you and some of our Website pages may not display properly.
Many web browsers automatically accept cookies, but most browsers will tell you how to stop accepting new cookies (both first-party and third-party cookies), how to be notified when you receive a new cookie, and how to disable existing cookies. Be sure to check your browser settings for more information. If you choose to disable cookies, please note that some parts of our website may not function as effectively, or may be considerably slower. Please visit http://www.consumer.ftc.gov/articles/0042-cookies-leaving-trail-web to learn more information about cookies. You can also visit http://www.allaboutcookies.org/manage-cookies/ to learn more about managing cookies.
HOW WE USE YOUR INFORMATION
We use your e-mail address to send periodic promotional e-mails to you about our services and products, any new or upcoming products or otherwise related to any products or services we sell, but only if you have elected to receive such email communications from us. You can opt-out of receiving any promotional emails at any time by either clicking “unsubscribe” in the body of the email communication and following the opt-out procedure contained in the email, or by sending an email to email@example.com and requesting to opt-out of receiving such communications.
We use third party service providers to provide services and/or products to us necessary for hosting or operating this Website, and/or necessary for providing email services and similar services to our users. In the course of providing these services and/or products to us, such third parties may sometimes have limited access to information collected on this Website, including some of your Identity information. This limited access is incidental to the services being provided by such third parties and no permission or consent is granted by us for any third party provider to use or disclose this information in any manner whatsoever other than as necessary to provide the applicable service to us.
We share our customer files and some Identity Information we collect through this Website directly with third party independent contractors that provide customer support and other administrative services on our behalf. We contract such third parties for the limited purpose of assisting us operate this Website and/or provide support or administrative services in conjunction with any products or services that we may offer through this Website from time to time. This limited access is incidental to the services being provided by such third party contractors and no permission or consent is granted by us to use or disclose this information in any manner whatsoever, other than as necessary to provide the applicable services to us. We require that our independent contractors commit to uphold the privacy of any Identity Information or other information regarding our Website visitors or customers that we may share with them.
Billing & Shipping Agents
When you purchase anything from this Website, we also share the Identity Information you provide, your credit/debit card or bank account information you provide and any shipping information with third party credit card and payment processors such as PayPal (which may include fraud screening and/or automated data processors) and with shipping agents such as UPS or Fed Ex. Any disclosure of this information is necessary to facilitate the specific transaction and will only be used by us for that strict purpose, unless otherwise stated in this Policy. This limited access is incidental to the services being provided by such third parties and no permission or consent is granted by us to use or disclose this information in any manner other than as necessary to provide the applicable services to us and facilitate any transactions with you.
Do We Sell Your Identity Information?
We make every effort to respect your privacy and we will never sell, license or disclose any of your Identity Information, by itself or bundled with any Use Information or other information you provide or that we collect to any third parties for any purpose not expressly set forth in this Policy without your express written consent. We only share or disclose any Identity Information or other information collected from You as expressly set forth in this Policy.
Social Media Features and Widgets
HOW WE PROTECT YOUR INFORMATION
We do use reasonable, industry standard security measures in order to protect against the loss, misuse or alteration of any Identity Information or billing information you provide through your use of this Website. We make no guarantee, warranty or representation that any information you provide through your use of this Website will remain secure at all times from any illegal or unauthorized access of the information by third parties. You agree that we shall not, under any circumstances, be held responsible or liable to you for any damages of any kind whatsoever related to any information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
Your California Privacy Rights
California Civil Code Section 1798.83 permits California residents to request once per year certain information regarding our disclosure of their personal information to third parties for their direct marketing purposes that we share during the immediately preceding calendar year. If You are a California resident and desire to make such a request, please contact firstname.lastname@example.org. Please include the words “California Privacy Disclosure Request” in the subject line.
We may disclose certain Identity information if: i) requested via a subpoena, court order, or local, state, federal or international law enforcement request to release any such information; or ii) in order to investigate and help prevent security threats, fraud or other malicious activity; or iii) to protect our rights or protect our property, or any or the rights of our customers or other third parties.
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you send us an email communication, call us or send a written correspondence for any reason, we may create a file and store your email and other Identity Information specific to you. We generally will maintain a record and keep notes of all communications with you. All messages transmitted by you on this Website or to us shall not be treated as confidential and shall be deemed to be accessible to the general public. You should not transmit any communications or correspondences to us that you intend only the intended recipient(s) read. Notice is hereby given that all messages or electronic data transmitted onto this Website can and may be read by us, regardless of whether we are the intended recipient of any such message(s).
Information Storage And International Transfer
Any Identity information and all other information which we collect on this Website will be stored and processed in our servers located in the United States. If you reside outside the United States, you consent to the collection, transfer, storage and processing of any information from your country to the United States.
How to Update, Change or View Your Personally Identifiable Information
If you would like to request any changes or updates to any Identity Information you have provided to us, or if you would like to view any information we have collected from your use of this Website, please contact us and request the same by sending an email to: email@example.com. Please include the words “Personal Information Request.” If you make any information requests, we will require that you provide proof of your identity, which may include providing us with a copy of a driver’s license, social security card and/or birth certificate. We also reserve the right to require that you sign and provide us with a notarized affidavit verifying your identity before we update or release any information to you.
Upon any acquisition, merger, sale or other change of control of our business/organization, we reserve the right to transfer any Identity information you have submitted to this Website as part of the property owned by us to our successor resulting from such merger, acquisition, sale, etc. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, We reserve the right to transfer your Identity Information to protect any of the our rights or as required by law.
Medical/Health Information Disclaimer
All medical and health related information and materials contained on this Website on our blog or contained in any products we offer through this Website are not intended to be a substitute for professional medical advice and such information is being provided for general information purposes only. We make no representations and we assume no responsibility for the accuracy of any information contained on or available through this Website or through any products we sell on this Website and such information is subject to change without notice. Additionally, we do not promote, endorse, recommend or otherwise provide any opinions or make any representations concerning the effectiveness of any treatment, course of action, test, health provider or product or service referenced on this Website or in any product we offer on this Website. You are encouraged to confirm any information obtained from or through this Website with other resources, including your physician. UNDER NO CIRCUMSTANCES SHOULD YOU USE ANY OF THE INFORMATION CONTAINED ON THIS WEBSITE OR CONTAINED IN ANY PRODUCTS WE MAY OFFER TO DETERMINE WHETHER OR NOT YOU SHOULD DELAY SEEKING ANY MEDICAL TREATMENT, OR PROFESSIONAL MEDICAL DIAGNOSIS OR ADVICE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU FOR ANY TYPE OF DAMAGES YOU MAY INCUR RELATED TO SUCH MEDICAL/HEALTH RELATED INFORMATION CONTAINED ON OUR WEBSITE OR IN ANY OF OUR PRODUCTS, OF WHATEVER KIND OR NATURE.
TERMS OF PURCHASE & DIGITAL PRODUCT LICENSE
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR PURCHASE AND USE OF ANY PRODUCT(S) (SOMETIMES COLLECTIVELY REFERRED TO AS “PRODUCT”) YOU PURCHASE ON www.chelsealayna.com (“WEBSITE”). THE OPERATORS OF THIS WEBSITE ARE REFERRED TO HEREINAFTER AS “US” OR “WE”.
Modifications to this Agreement
NO ONE UNDER THE AGE OF 18 IS PERMITTED TO ENTER INTO THIS AGREEMENT. You represent and warrant to us that you are of sufficient legal age in your jurisdiction to enter into a legally binding agreement with us and otherwise be bound to the terms and conditions contained herein.
Non-Exclusive Limited License
You are purchasing and are hereby granted a revocable, non-exclusive and non-transferable license and right to use the Product and all Product materials for your personal or internal business use. Rights of access and use to the Product(s) and all materials that accompany the Product(s) being purchased by You are also being granted to any employee of your business, provided the employee agrees to follow the terms and conditions contained in this Agreement at all times during his or her use of the Product. All rights being granted to any of your employees shall expire immediately upon termination of such employee’s employment with your business and You agree that You will cause any employee who uses the Product to promptly return any Product materials then in his or her possession. You are not authorized to: (i) resell or sublicense the Product or any separate Product materials; (ii) copy or reproduce (or allow any third-parties to copy or reproduce), distribute, transmit, or publish the Product or any separate Product materials to the public or any third parties in any form, format, or method including electronic, mechanical, photocopying, recording or electronic information storage and retrieval or any other means, either in its original state or in any subsequently modified state, except for any content included with the Product which is specifically designated for display or publication on your website, as set forth above; (iii) modify the Product or any Product materials, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Product or otherwise attempt to use unauthorized versions of the Product for purposes including (without limitation) building a product or service similar to or competitive with the Product; or (iv) otherwise use the Product or any Product materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit the Product or any Product materials, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement applicable to your use of the Product. Notwithstanding any restrictions contained in this license, you have the right to print any Product materials directly for your own personal use. The Product and any applicable Product materials are being licensed, not sold, to You under the terms and conditions of this Agreement. Except as expressly stated herein, this grant of license does not convey any other rights in and to the Product or any Product materials, express or implied, or ownership of any of the Product materials or any intellectual property rights thereto. All rights not expressly granted herein are reserved by us. You may not use the Product or any Product materials in any manner that infringes on the copyrights or proprietary interests of any third party or that is in violation of any law. You may not remove or obscure our copyright notice or any other notices contained in any Product materials.
Term of License and Product Access
Your rights to use the Product or any separate Product materials for your personal or internal business use are perpetual. Upon your completed purchase of the Product, You will receive an email with a link to a separate page on our Website where You will be able to download the Product materials. You must follow the instructions provided to You on that page and click on the designated text link(s) in order to download the Product. If there is any interruption or failure to download the Product materials, please contact us. The download page maybe password protected and in such case You will receive the password in the email containing the page link.
Intellectual Property Notice
All logos or any other trademarks, trade names or service marks, whether marked or unmarked, and/or any software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets, tags and metatags and other material part of the Product (collectively “Content”) is protected by copyright, trademark or other proprietary rights by us or our affiliates. No Content may be used without our prior written consent. We retain all right, ownership, title and interest in all Content, whether or not we have registered for or have been granted any such protections under State and/or Federal law.
Purchase Price and Payment Terms
You authorize us to charge your credit or debit card, PayPal account, bank account, etc. You have provided during the check-out process in the amount of the purchase price of the Product(s) stated on our Website at the time of purchase according to the terms of this Agreement. All pricing is in United States currency (USD) unless otherwise stated. We are not responsible for pricing, typographical, or other errors in any offer or price stated on this Website or this Agreement and we reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any Product description or information contained on this Website regarding the Product.
The purchase price shall be paid in full immediately upon your completion of the check-out process and acceptance of this Agreement.
Product Upgrades and Ancillary Products and Services
We may offer Product upgrades, which may include ancillary direct coaching services, as expressly stated on this Website from time to time. If You elect to purchase any upgrade(s) to the Product, then You agree to pay the separate upgrade fee(s) expressly stated on this Website and authorize us to charge this fee to your credit card or other method of payment provided by You upon the payment terms expressly stated on our Website. The terms and conditions contained in this Agreement shall apply to your purchase of any Product upgrade(s) and all separate terms and conditions expressly stated on this Website that apply to any separate Product upgrade shall control your purchase of any such upgrade(s), and such terms are hereby incorporated into this Agreement. All separate upgrade fees are in addition to the stated purchase price of the Product.
RECURRING BILLING EXPRESS CONSENT
When you purchase any Product upgrades and accept these terms, you will be charged on a recurring basis upon the terms expressly stated in this Website during the check-out process. You agree that your acceptance of this Agreement constitutes your express informed consent to the recurring nature of the charges and You authorize us to debit such charges from your credit card or other payment method You have provided upon the due date. You agree that You have been given every opportunity to review the terms before providing your billing information and You understand the recurring nature of the charges that will be deducted by us and that your failure to cancel this Agreement in the future may be relied upon by us as indicating your continued assent to these terms. YOU AGREE THAT YOUR FAILURE TO CANCEL THIS AGREEMENT CONSTITUTES YOUR CONTINUED ACCEPTANCE OF THE RENEWAL OF THE TERMS OF THE PRODUCT UPGRADE AND YOU HEREBY GIVE YOUR CONSENT TO US TO CHARGE YOUR CREDIT CARD OR OTHER PAYMENT METHOD PROVIDED BY YOU ACCORDING TO THE THESE TERMS. You may cancel any upgrade services at any time by sending an email to firstname.lastname@example.org with the subject line “Cancellation.” Include your stated desire to cancel in the body of your email and reference the specific upgrade. Upon receipt of your email, we will send You written confirmation that this Agreement has been terminated and, upon such termination, we will stop debiting your credit card or other payment method. Notwithstanding, if You cancel the upgrade services at any time before payment of the fee due for the period covering the cancellation date, we shall debit your credit card or other payment method after cancellation for this final charge in full. If you cancel this Agreement after we have successfully debited your credit card or other payment method in advance for the period covering the cancellation date, NO refunds or partial refunds shall be provided to You upon cancellation.
All sales are final and no cancellations shall be permitted or any refunds made by us under any circumstances, unless otherwise stated in this Agreement.
Medical/Health Information Disclaimer
All medical and health related information and materials contained on this Website are not intended to be a substitute for professional medical advice and are being provided for general information purposes only. We make no representation and we assume no responsibility for the accuracy of any information contained in or available through our Website or in describing any Products we offer and such information is subject to change without notice. Additionally, we do not promote, endorse, recommend or otherwise provide any opinions or make any representations concerning the effectiveness of any treatment, course of action, test, health provider or product or service referenced in connection with any of our Products. You are encouraged to confirm any information obtained from or through this Website or through your use of any of our Products with other resources, including your physician. UNDER NO CIRCUMSTANCES SHOULD YOU USE ANY OF THE INFORMATION CONTAINED ON THIS WEBSITE OR CONTAINED IN ANY OF OUR PRODUCTS TO DETERMINE WHETHER OR NOT YOU SHOULD DELAY SEEKING ANY MEDICAL TREATMENT, OR PROFESSIONAL MEDICAL ADVICE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU FOR ANY TYPE OF DAMAGES YOU MAY INCUR, OF WHATEVER KIND OR NATURE, FROM ANY INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE OR IN CONNECTION WITH ANY OF OUR PRODUCTS.
ALL PRODUCTS ARE MADE AVAILABLE AND SOLD ON A “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF OR PERFORMANCE OF THE PRODUCT OR THAT THE PRODUCT WILL MEET YOUR EXPECTATIONS OF USE. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THIS PRODUCT. WE DO NOT WARRANT THAT THE PRODUCT IS APPROPRIATE OR LEGAL IN YOUR JURISDICTION. WE DO NOT GUARANTEE OR WARRANT THAT ANY FILES OR PRODUCT MATERIALS MADE AVAILABLE TO YOU FROM THIS WEBSITE OR ANY OTHER EXTERNAL LOCATION WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE, APPLICATION OR PROGRAM THAT MAY CONTAIN HARMFUL ELEMENTS OR CAUSE DAMAGE TO YOU. YOU AGREE THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SECURITY MEASURES TO PROTECT YOUR COMPUTER OR OTHER DEVICES AND ALL DATA AND ACKNOWLEDGE YOU ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THIS WEBSITE FOR THE RECONSTRUCTION OF ANY LOST DATA. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET IN GENERAL. WE ARE NOT RESPONSIBLE FOR ANY UNAVAILABILITY, INTERRUPTION OR DELAY WITH ANY SERVERS TELECOMMUNICATIONS OR THIRD PARTY SERVICES (INCLUDING DNS PROPAGATION) NECESSARY TO HOST THIS WEBSITE AND/OR TO PROVIDE ACCESS TO ANY MATERIALS INCLUDED WITH THE PRODUCT, UNDER ANY CIRCUMSTANCES.
Every effort has been made to ensure the completeness and the accuracy of the information contained in the Product materials. However, we make no guarantees, warranties or representations of any kind as to the accuracy of the information contained in the Product materials or regarding the quality of such information, its usefulness or reliability and we do not assume any responsibility for any errors, omissions or any inconsistencies. In addition, events or changes occurring after the Product materials were created may render some of the information contained therein as obsolete, incomplete or inaccurate. You assume the sole risk with regard to the accuracy and reliability of any information contained in the Product materials. Any references made in any Product materials to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, good, service or business that is referenced in any Product materials.
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER US, OUR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, SUCCESSORS AND/OR ASSIGNS (AS APPLICABLE), SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE ANDUSE OF THE PRODUCT INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT THE COMPANY’S LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CASUE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS, INCLUDING CALIFORNIA CIVIL CODE SECTION 1542 IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, OR ANY OTHER APPLICABLE STATE LAWS.
Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
Compliance with Laws
You are solely responsible for compliance with any laws applicable to your purchase of any the products or services made available through this Website. You agree to comply with all applicable laws and regulations of the United States and the various states. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case. By purchasing any product from us, You represent that the products ordered will be used only in a lawful manner.
- Authority. If You are accepting these terms on behalf of another person or other legal entity, You represent and warrant that You have full authority to bind that person or legal entity to these terms and otherwise have authority to enter into this Agreement on behalf of such other person or legal entity.
- Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
- Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard exclusively in Los Angeles, California. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.
- Venue And Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in the Los Angeles Superior Court, situated in Los Angeles County, California, and You hereby expressly give your consent to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration under this Agreement. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
- Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
- Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
- Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
- Survival. Any provisions in these terms which by their nature extend beyond the termination or expiration of any license of the Product will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.
- No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
- Force Majeure. We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to host this Website or otherwise fulfill our obligations to You under this Agreement.
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US.
YOU (“YOU”) AGREE THAT BY USING WWW.CHELSEALAYNA.COM (“WEBSITE”), SUCH USE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW (“AGREEMENT”). THIS AGREEMENT GOVERNS YOUR USE OF THIS WEBSITE AND ALL CONTENT CONTAINED ON THIS WEBSITE MADE AVAILABLE BY THE WEBSITE OPERATORS (“WE” OR “US”).
“YOU”, WHERE APPROPRIATE, ALSO REFERS TO THE ORGANIZATION THAT THAT YOU, AS AN EMPLOYEE, OR, OTHERWISE AS AN AGENT, ARE ACTING ON BEHALF OF WHEN USING OUR WEBSITE AS A REGISTERED USER OR OTHERWISE. BY USING THIS WEBSITE, YOU, AS AN EMPLOYEE OR AGENT, REPRESENT YOU HAVE ACTUAL AUTHORITY TO ACT ON BEHALF OF SUCH ORGANIZATION/USER AND OTHERWISE AGREE TO THESE TERMS BY USING THIS WEBSITE.
Prohibited Access for Persons Under the Age of 18.
IF YOU ARE UNDER THE AGE OF 18, YOU ARE RESTRICTED FROM USING ANY PORTION OF THIS WEBSITE AND YOU MUST EXIT THIS WEBSITE IMMEDIATELY.
Modifications to this Agreement
Limited Access to Use this Website
You are granted access to view and access the content contained on this Website, any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files or any other separate website element made available to You (collectively referred to as “Materials”). You agree that no joint venture, partnership, employment or agency relationship exists between You and us as a result of this agreement or your use of this Website. You are responsible for obtaining and maintaining all equipment and services needed for your access to and use of this Website and are responsible for all related charges.
General Website Use Restrictions
As a condition of your access and use of this Website, You agree that: i) You will only use this Website and/or any of the Materials for personal, non-commercial purposes; ii) You will not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with another person’s use and enjoyment of the Website, including uploading or introducing files that contain viruses, corrupted files, or any other similar software or other applications or programs that cause damage or interference with any computer, server or network; iii) You will not engage in any unauthorized use of any Materials in a manner that violates copyright laws, trademark laws or the laws of privacy and publicity of another; iv) You will not to use any data mining, robots, engage in any “harvesting or similar data gathering or extraction methods in connection with this Website; v) You will not otherwise engage in any hacking or attempt to gain unauthorized access to any portion of this Website; and vi) You agree to comply with all applicable laws and regulations of the United States and any other applicable International treaty, law or regulation governing your use of this Website. Use of this Website for any of the foregoing reasons is strictly prohibited. Additional use restrictions are contained elsewhere in this Agreement.
Compliance with Applicable Laws
We make no representation that the Materials available on this Website are appropriate or available for use in your jurisdiction. You are solely responsible for compliance with local laws in your jurisdiction or territory, to the extent applicable. Access and use of this Website from any jurisdictions where the Materials are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.
Our Intellectual Property
All Materials are either owned or licensed by us and are protected under our proprietary rights. Commercial use of any of the Materials contained on this Website is strictly prohibited. Except as otherwise stated, none of the Materials may be saved, downloaded, copied, reproduced in any electronic, digital or mechanical format or medium or by way of photocopying or otherwise, and may not be disseminated, distributed, re-published or used for any public display or performance, in any form or manner whatsoever without our prior written consent. We reserve the right to limit the amount of Materials displayed on this Website. You are restricted from, modifying or altering any copyright or other proprietary notice, or trademarks from any of the Materials found on this Website. In addition, the “look and feel” of this Website (including the unique combination of Website colors, page headers, graphics, icons, images and scripts, etc.) is considered by us to be valuable and protectable trade dress and may not be copied, imitated, or used (in whole or in part) by You without our prior written permission. This Website and all separate Website elements are protected under United States copyright laws. You may not engage in any “framing” of any page of this Website or otherwise of any of the Materials on this Website. Some of the Materials on this Website include embedded video and/or audio recordings and may include podcasts and other similar downloadable video or audio files from time to time. All video and audio recordings and files are owned by us unless otherwise stated in those Materials. Additionally, this Website may contain embedded video or audio recordings from external servers and third party websites including, but not limited to, YouTube.com, Google Video, etc. All such embedded recordings are owned by us regardless of whether they are hosted by any such third party websites and/or external servers.
Our External Links Policy
We grant You permission to link to this Website, including “deep linking” to web pages within this Website. However, at all times You agree that: (1) You will only use a text link to link to this Website as it appears on your website and You will not use any trademark or logo or incorporate any type of “image link on your website using any of the Materials; (2) You will not engage in any “scraping” of the Materials by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete and original format); (3) You will not engage in any “framing” of any pages of this Website or any of the Materials by copying any displaying any portions thereof through use of any in-line links or by any other manner; and (4) You agree to display any web page within this Website in full including all trademarks, advertising, banner ads and all other promotional materials, unaltered and without any additional content not included on the original webpage, including any frame, border, margin, design, logo, branding, third party trademark or any other advertising or promotional materials not displayed on the original webpage. We reserve the right at any time, in our sole discretion, to revoke your right to link to any webpage on this Website. Any other use by You of any external links to this Website made in any manner other than according to these terms is strictly prohibited. Notwithstanding the foregoing, You, or any of your employees, agents, affiliates or any other person or entity under your control, are restricted from placing any type of external link to this Website on any website that has been penalized or de-indexed by Google or any other major search engine due to the website’s content, spam practices, any malware/viruses contained on the website(s) or due to any other activities whatsoever in violation of the terms or policies of such search engine. In addition, You agree that You will immediately cause the removal of any links to this Website from any such third-party website(s) which has/have in fact been penalized or de-indexed by Google or any other major search engine, or which otherwise has/have caused us to suffer a decrease in search engine rankings, incur any search engine penalties or suffer any other damages due to the existence of any links to our Website.
Trademarks And Service Marks Notice
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law. Additionally, any use of any metatags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without the our prior written permission is strictly prohibited. You are restricted from “co-branding” this Website with any third party website, product or business. This means You are restricted from copying any trademark, logo, service mark, trade name or any other Materials on this Website and displaying the same on any other website in any manner that would provide any viewer to reasonably conclude that such website is or could be affiliated with this Website and/or the Website operator and/or has permission to display the contents of this Website or any Materials.
Intellectual Property Disclaimer
Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.
External links Disclaimer
This Website may contain links to third party web sites not owned by us. Any external links are provided as a matter of convenience to You. This means that we do not endorse the content contained on any website linked to this Website or claim any affiliation or sponsorship with such third party website. By clicking on any external link, You understand you will be leaving this Website and will no longer be viewing any of the Materials. We have no control over the content contained in these other websites and have no obligation to review this content or information. If you decide to click on any of the links contained on this Website, You agree that You are doing so do entirely at your own risk. You agree that we are in no way responsible for the availability, reliability or performance of any websites linked to this Website. Additionally, we shall not be held responsible or liable, directly or indirectly, for any claim in connection with your use of such third party websites including, but not limited to, any computer viruses, data loss or any claims relating to any products or services sold on any third party websites.
Medical/Health Information Disclaimer
All medical and health related information and materials contained on this Website or on our blog is not intended to be a substitute for professional medical advice and such information is being provided for general information purposes only. We make no representations and we assume no responsibility for the accuracy of any information contained on or available through this Website and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this Website with other resources, including your physician. UNDER NO CIRCUMSTANCES SHOULD YOU USE ANY OF THE INFORMATION CONTAINED ON THIS WEBSITE OR CONTAINED IN ANY PRODUCTS WE MAY OFFER TO DETERMINE WHETHER OR NOT YOU SHOULD DELAY SEEKING ANY MEDICAL TREATMENT, OR PROFESSIONAL MEDICAL DIAGNOSIS OR ADVICE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU FOR ANY TYPE OF DAMAGES YOU MAY INCUR RELATED TO SUCH MEDICAL/HEALTH RELATED INFORMATION CONTAINED ON OUR WEBSITE OR IN ANY OF OUR PRODUCTS, OF WHATEVER KIND OR NATURE.
WEBSITE USE GENERAL WARRANTY DISCLAIMER
USE AND ACCESS OF THIS WEBSITE AND OF ANY OF THE MATERIALS IS DONE AT YOUR SOLE RISK. THIS WEBSITE AND ALL MATERIALS ARE BEING PROVIDED “AS IS” AND “WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF THIS WEBSITE OR RELATING TO YOUR USE OF ANY OF THE MATERIALS IN ANY MANNER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, PERFORMANCE OR RELIABILITY OF THIS WEBSITE OR OF ANY MATERIALS OR THAT THIS WEBSITE OR ANY MATERIALS WILL MEET YOUR EXPECTATIONS OF USE OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED IN A TIMELY MANNER BY US. WE ARE UNDER NO OBLIGATION TO UPDATE ANY OF THE MATERIALS OR OTHER INFORMATION CONTAINED ON THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE OR ANY OF THE MATERIALS ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION OR THAT THIS WEBSITE OR ANY OF THE MATERIALS WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE, APPLICATION OR PROGRAM THAT MAY CONTAIN HARMFUL ELEMENTS.
LIMITATIONS ON LIABILITY
YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS WEBSITE IN ANY MANNER WHATSOEVER INCLUDING YOUR USE OR RELIANCE ON ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE OR CONTAINED ON ANY THIRD PARTY WEBSITE YOU ACCESS THROUGH THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY DAMAGE YOU MAY INCUR, INCLUDING ANY DAMAGES NOT FORESEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR FOR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542.
Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
Privacy And Communications Policy Consent
By using this Website, You consent to our use of any personal information provided by You through your use of this Website pursuant to the terms contained in our Privacy and Communications Policy. You also acknowledge that You have read and understand these terms before You submit any personal information on this Website for any reason.
We intend to comply with the requirements of the CAN-SPAM Act (15 U.S.C. $ 7701 et. seq.) at all times. We do not engage in sending any unsolicited SPAM or junk mail of any kind including sending out any email communications in bulk or by a single mailing to anyone. However, if You have registered to this Website or subscribed to receive any materials from us and provided your email, You may receive promotional emails regarding upcoming product offers, sales, contests, etc. We do not consider such communications to be unsolicited SPAM. You will always have an option to opt-out of receiving any such communications from us. Please see our Privacy and Communications Policy for more information on how we use any information we collect from You.
No person who accesses or uses this Website, including any registered users, may use any information collected from this Website to send any unsolicited email communications or email communications otherwise in violation of the CAN-SPAM Act. Such activities are strictly prohibited and a violation of these terms. We will immediately terminate the user account of any registered user (to the extent applicable) who has violated this provision. If You would like to contact us for any other reason relating to this policy, including making any complaints regarding any emails sent to You, please contact us at email@example.com. If you would like to opt-out of marketing or promotional emails, please either click “unsubscribe” in the body of the email communication, or send an email to firstname.lastname@example.org to be removed.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
- Entire Agreement
Except for the Privacy and Communications Policy or the terms of any Other Agreement, these terms supersede any and all prior and existing agreements, whether oral or in writing, between You and us with respect to your use and access of this Website and constitutes the entire agreement between the parties. This Agreement will be expressly incorporated by reference in each and every agreement between You and us regarding your use and access of this Website, including the terms of any Other Agreement.
YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT AND/OR YOUR USE OF THIS WEBSITE IN GENERAL INCLUDING THE RIGHT TO A JURY OR BENCH TRIAL AND/OR TO INITIATE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST US BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO OTHERWISE RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION OTHER THAN ANY DISPUTES OR CLAIMS RELATED TO THE PROTECTION OF ANY INTELLECTUAL PROPERTY RIGHTS. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be exclusively brought and heard in either Belvedere or Rockford, Illinois. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one (1) year period, You agree that any such claim (or claims) shall be waived and are hereby released by You and You shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period.
- Venue/Choice of Law
Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in the Los Angeles Superior Court, situated in Los Angeles, California, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of California, without regard to any applicable provincial conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Any non-enforcement of this agreement by us shall not be considered a waiver of our rights to enforce the terms hereunder.
- Termination of Website Services
We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions offered by or through this Website, with or without notice. You agree that we shall not be liable to You or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of this website.
The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against You or us.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.
- I. Notice
Except as explicitly stated otherwise, any notice to us shall be given by email to: email@example.com. Any notice to you shall be sent to the email address that you provide to us during the registration process. Notice shall be deemed given twenty-four (24) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you to us during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.