Site and Content
The layout, formatting, and features of and access privileges for the Site shall be as determined or specified by the Company in the Company’s sole discretion. The Company shall also have the sole right to modify, upgrade, and change the Site. The Company shall not be liable if for any reason, all or any part of the Site or its content is unavailable at any time or for any period of time. From time to time, the Company may restrict access to some parts of the Site, or the entire Site, to users, in the Company’s sole discretion. The Company may terminate your access to and use of the Site, or any part of the Site, for any reason, with or without notice.
Site Access and Account Security
To create an account at the Site (“Account”), you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and the Account that all the information you provide is true, accurate, current, and complete.
You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You should use heightened caution when accessing your Account from a public or shared computer so others cannot view or record your password or other personal information.
Grant of License; Restrictions
You agree to abide by all applicable local, state, national, and international laws and regulations regarding your use of the Site. By accessing or using the Site, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater). You also acknowledge and agree that use of the internet and the Site is solely at your own risk.
The Site and its features and functionality (including but not limited to all software, displays, capabilities, and the design, selection, and arrangement thereof) are owned by the Company, the Company’s licensors, or other providers of such features and functionality and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or the Company’s affiliates or licensors, which may be registered in the United States or other jurisdictions. You must not use such marks without the Company’s prior written permission.
It is the Company’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the DMCA by providing the Company’s DMCA Designated Agent (by email to email@example.com or regular mail to 2125 Pacific Blvd. SW, Albany, OR 97321) with the following information in writing (see 17 U.S.C § 512(c)(3) for further information): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material; (4) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and e-mail address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Whether your notice is sent by email or regular mail, please include “Notice of Infringement” in the subject line. If your notice is incomplete, the Company is under no obligation to act.
If the Company removes or restricts access to content in response to a copyright complaint, the Company will make a good faith effort to contact the alleged infringer with information concerning the removal or restriction of access, including a copy of the complaint. If the alleged infringer believes its content was removed in error, then pursuant to the DMCA, such the alleged infringer can submit a counter-notification to the Company requesting that the removed content be reinstated.
The Company has a policy of terminating repeat infringers. If the Company receives multiple copyright complaints pertaining to an alleged infringer, the Company may terminate or restrict the alleged infringer’s access to the Site or take steps to limit or prohibit that person’s content from appearing on the Site.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OWNERS, MEMBERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SITE TO THE SITE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Waiver and Severability
Arbitration and Class Arbitration Waiver
The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator’s power to rule on his own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
Telephone Consumer Protection Act
The Telephone Consumer Protection Act generally requires businesses to obtain express consent before containing members/customers on their mobile phones. To ensure that you can receive important communication, the Company is requesting your permission to contact you on your phone. By providing your contact information, including your phone number, you are expressly granting permission to the Company and any related affiliates or third parties to contact you on the mobile phone number provided and all future mobile phone numbers that you furnish to the Company. You are not required to provide consent as a condition to utilize the Site. Your consent is applicable for the following reasons: suspected fraud or suspicious activity, data security breaches, suspected identity theft, informational, marketing, communication(s); non-marketing communication(s), notifications, and/or collection efforts. Please note that contact may be made as a direct dial call, using text messages, pre-recorded or artificial voice messages, and/or the use of an automated telephone dialing machine or auto dialer, as defined by federal regulations. By agreeing, you represent that you are the wireless subscriber or customer user with respect to the wireless number(s) provided to the Company, its affiliates, and associated third parties, and that you have the authority to provide consent. Please note that depending on your mobile service plan, message and data rates may be assessed by your mobile provider and will be your sole responsibility. If you wish to opt-out of receiving text messages or calls, please contact the Company by email at firstname.lastname@example.org, or by mail at 2125 Pacific Blvd. SW, Albany, OR 97321.
Suggestions, Reviews, Comments
If you provide input, suggestions, reviews, comments, or the like, regarding the Site, including related to the Company (collectively “Suggestions”), you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to use the same for any purpose and in any manner the Company, in the Company’s sole discretion, deems proper.
The Site is intended for users located within the United States. The Company makes no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
The Site is operated by Kristin D. Smith at 2125 Pacific Blvd. SW, Albany, OR 97321. To contact the Company please email email@example.com.
All rights not expressly granted herein are reserved by the Company.