Throughout these terms, the collective content from the Websites and any product/service sold by Company on the Websites will be referred to as “Company Content.”
USE OF THE WEBSITES
Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Company Content. Subject to the license stated herein, all intellectual property rights are reserved.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content;
Reproduction or duplication of any content on the Company Content for commercial purposes;
Modification of any content in the Company Content;
From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.
PROHIBITED USES OF THE WEBSITE
You must not use the Websites in a way that causes, or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Websites without Company’s express written permission.
You must not use the Websites to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You must not use the Websites for any third-party marketing without Company’s express written permission.
Unless otherwise noted, the design, content, and all components of the Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Company Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
CONTENT CONTRIBUTED TO THE WEBSITES
In limited circumstances, you may contribute content to the Company Content, including, but not limited to, suggestions, notes, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on Company’s servers; or, (iii) hosted or published on the Company Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
In the event that you contribute any comments or suggestions regarding the Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
All information shared in the Community Groups is deemed confidential. You are prohibited from sharing screenshots or other member information with third parties. If an individual has to be logged into the program to access the information, then it is deemed confidential. This includes accessing the private Facebook Group.
You will not hold Company liable in the event that information you have shared within the Community Group becomes public.
From time to time, the Websites may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, Company will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
If you send Company an email, register to use the Websites or Products, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Company Content, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the Company Content, you expressly hold Company harmless from any and all liability in any dispute.
The Websites and all Company Content is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Websites, Company Content, or the information and materials provided therein.
Company makes no warranty the Websites or Company Content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Websites and Company Content are written in English and makes no warranty regarding translation or interpretation of content in any language.
COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND COMPANY CONTENT, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.