IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911. THIS WEBSITE IS NOT MEANT FOR USE IN A MEDICAL EMERGENCY.
The contents of this Website are intended only for educational purposes, for the general public, as an online library of anthroposophic healthcare information intended to supplement working with trained and licensed medical practitioners familiar with the reader’s health condition. It is not meant to provide medical advice, nor is it a replacement for established medical care and the medical system that supports emergency medical needs. Each user is urged to consult with his or her licensed medical provider for appropriate diagnosis and treatment.
General Use of the Website — Permissions and Restrictions
The Website is available only to individuals who are at least 13 years old. If you are not yet 13 years old, you must stop using the Website immediately. If you are between the ages of 13 and 17, your legal guardian must consent to your registration on the Website. Such consent will be prompted during the registration process for any users between the ages of 13 and 17.
The information on the Website is geared toward the adult reader, and any application of the information to children should be only in connection with a licensed physician. Users who are between the ages of 13 and 17 are urged to use this Website only with parental or guardian oversight.
The information on the Website is intended for use and downloading only within the United States. Any use or downloading of content from the Website done outside of the United States may not be legal and is done at such a person’s sole risk and responsibility.
The access rights granted to you under the Agreement are non-transferable without the express written permission of the owner of the Website. You are responsible for the actions of any other person who may utilize your access rights on the Website.
The Website is offered subject to your acceptance without modification of all of the Agreement and all other associated operating rules and policies. If you do not agree to all the terms of the Agreement, then you may not access the Website or use any services.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If these terms and conditions are considered an offer by the Website, acceptance by any user of the Website is expressly limited to these terms.
Our basic products and services are free to both website owners and individual users. However we may offer some paid usage such as subscription services or publications, which you will be able to choose by following the sign-up process for such services.
We may offer a section of the Website geared for physicians, nurses and various anthroposophic practitioners. This portion of our online library will be available following the grant of authorization upon proof of practitioner status, through a separate log-in process.
Special License Restrictions for Non-Human Visitors; E-mail Ownership and Restrictions
A special restriction on a visitor’s license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically. Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
Email addresses on the Website are considered proprietary intellectual property. These email addresses are provided for human visitors alone and for the specific purposes stated. You acknowledge and agree that each email address the Website contains has a value not less than US $100. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Website’s email addresses is recognized as a violation of this Agreement and expressly prohibited.
Visitors agree that harvesting, gathering, storing, transferring to a third party or sending any message(s) to the identifier constitutes an acceptance and subsequent breach of these terms of service.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. Your use of the Website will deem you a “User.”
Ownership; Intellectual Property; Disclaimer.
This Agreement does not transfer from the Website to you or to any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Website/licensee and/or owner/licensor.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
- The content on the Website, except any User Submissions (defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under the law. Other trademarks, service marks, graphics and logos used in User Submissions or embedded or linked third party content in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use SMR’s or any third-party’s trademarks.
- Content on the Website is provided to you AS IS for your information and personal use only and, except as specifically permitted hereby, may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever not intended by the normal functionality of our Service or otherwise as prohibited under this Agreement without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and the Content.
- You may access Content and User Submissions, if any, solely:
- for your information and personal use;
- as intended through the normal functionality of the Service; and
- for Streaming.
“Streaming” means a contemporaneous digital transmission of an audiovisual, audio or visual work via the Internet from our Website to a user’s device in such a manner that the data is intended for real-time listening/viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User videos, if any, for any purpose or in any manner other than Streaming is expressly prohibited. User audio files and /or videos, if any, are made available “as is.”
- You may only print one single copy of any of Content or any User Submission for personal, noncommercial use. No other reproduction of Content or User Submissions in any form, including displaying, reproducing, republishing, repackaging, selling, reselling, storing, linking or framing, posting on blogs or another website, is permitted, except with the prior written permission of SMR. No edits or alterations to the material are permitted. The following notice must be included with your copy of the material: “© Sophia Micha-el Remedies except where otherwise noted. All rights reserved.” No copyright notices, including the SMR copyright notice, and any third party copyright notices, may be removed from any material. Should you wish to obtain multiple copies of any material or other licensing arrangements or permissions to use any materials, please contact email@example.com.
- User Submissions (defined as an account holder’s comment on or to the Website, posts of material to the Website, including, but not limited to, text, videos, photos, stories, or comments, posts of links on the Website, or otherwise making (or allowing any third party to make) material available by means of the Website), if any, are made available to you for your information and personal use solely as intended through the normal functionality of our Service. User comments within User Submissions, if any, are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of our Service or otherwise as prohibited under this Agreement without the prior written consent of the respective owners.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. You agree not to alter or modify any part of the Website.
- You must not trade on the name or reputation of this Website and its owners or Users. You agree not to use the Website for any commercial use, without the prior written authorization of Sophia Micha-el Remedies, Inc.. Prohibited commercial uses include any of the following actions taken without our express approval:
- sale of access to the Website or its related services
- use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Website or any third-party Website, targeted to the content of specific User Submissions (as defined below);
- and any use of the Website or its related services that we find, in our sole discretion, to use our resources or any User Submissions with the effect of competing with or displacing the market for our content, or any of its User Submissions.
- You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our Owners, Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
In order to access some features of the Website, you may have to create an account. If you create an account with the Website, you are responsible for maintaining the security of your account and use of the site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account on the site. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses to others due to such unauthorized use. You must immediately notify of any unauthorized uses of your account or any other breaches of security. Neither Sophia Micha-el Remedies, Inc., the Website, nor Sophia Micha-el Remedies, Inc.’s owners, officers, agents or affiliates will be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
In creating your account you will be able to specify certain relationships with the Website, including whether you would like to receive specified e-mail or other electronic notifications which may be generated by the Website as to particular features, products or services. You may change your specifications at any time by modifying your profile within your account.
As an account holder, you may, when and if enabled by the Website, provide User Submissions, in which case you are entirely responsible for the content of, the consequences of posting or publishing them, and any harm resulting from, that User Submission. That is the case regardless of whether the User Submission in question constitutes text, graphics, an audio file, computer software or any other type of electronic content. You will retain all of your ownership rights in your User Submissions. However, by making User Submissions available, you affirm, represent and warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
- You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to us all of the license rights granted herein.
- The downloading, copying and use of the User Submission will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
- You understand that each User Submission transmitted to us can be used by others as delineated herein and published by us as such, and that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.
- You have fully complied with any third-party licenses relating to the User Submission, and have done all things necessary to successfully pass through to end users any required terms.
- The User Submission does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
- The User Submission is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing [Rebekkah, please define]) or mislead recipients as to the source of the material (such as spoofing).
- The User Submission is not obscene, libelous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful.
- Your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own.
- You have, in the case of User Submission that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.
- You hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Web site and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Web site a non-exclusive license to access your User Submissions through the Web site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the Service. We may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. You grant us the above licenses perpetually and irrevocably.
- Your conduct on the site will comport with the Community Guidelines, which may be updated from time to time.
We do not and will not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on this Website, and will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. We reserve the right to remove Content and User Submissions without prior notice.
Without limiting any of those representations or warranties, Sophia Micha-el Remedies, Inc. has the right (though not the obligation) to, in the Website’s or Sophia Micha-el Remedies, Inc.’s sole discretion (i) refuse or remove any content that, in Sophia Micha-el Remedies, Inc.’s reasonable opinion, violates any Website policy or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Sophia Micha-el Remedies, Inc.’s sole discretion. Sophia Micha-el Remedies, Inc. will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment.
Optional premium paid services (such as subscription services, publishing, domain purchases, etc.) may be available through the Website. By selecting a premium service you agree to pay the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Responsibility of Website Visitors.
We do not and have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Sophia Micha-el Remedies, Inc. does not represent or imply that it endorses the material there posted by Users, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user or site owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to the Website. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to the Website. The Website and Sophia Micha-el Remedies, Inc. disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Sophia Micha-el Remedies, Inc. may use social media sites such as Twitter, Facebook and others. These Terms of Service and the Website’s Privacy Policies apply in addition to the terms of service and privacy policies of any such social media sites used by Sophia Micha-el Remedies, Inc..
Content Posted on Other Websites.
We do not and have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. The Website does not have any control over such other websites and webpages, and is not responsible for their contents or their use. By linking to a non-Website or another website or webpage, the Website does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website and Sophia Micha-el Remedies, Inc. disclaim any responsibility for any harm resulting from your use of such other websites or webpages.
Copyright Infringement and DMCA Policy.
Sophia Micha-el Remedies, Inc. asks others to respect its intellectual property rights, including all of those embodied in the Website, and respects the intellectual property rights of others.
If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you are encouraged to notify the Website and may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
- 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.
- 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.
The Website’s designated Copyright Agent to receive notifications of claimed infringement is our system administrator. You can reach our copyright agent at the following email address firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of providing your DCMA notice, your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature.
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Sacramento, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
In the case that your rights to use the Website have been terminated as a result of this DCMA process, the Website will have no obligation to provide a refund of any amounts previously paid to the Website.
Sophia Micha-el Remedies, Inc. reserves the right, at its sole discretion, and with or without notice, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of any changes. In any event, by using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Sophia Micha-el Remedies, Inc. may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the current terms and conditions of this Agreement.
Sophia Micha-el Remedies, Inc. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP, Premium or other Paid Services account, such account can only be terminated by us if you materially breach this Agreement and fail to cure such breach within thirty (30) days from The Website’s notice to you thereof; provided that, SMR can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, liability, User Submission terms, jurisdiction, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES OR INFORMATION LINKED TO THIS SITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR ANY INFORMATION CONTAINED OR LISTED ON IT, AND/OR THE WORK OF HACKERS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, VIRUSES, WORMS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE WEBSITE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability.
IN NO EVENT SHALL OUR CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR ANY INFORMATION CONTAINED ON IT OR LINKED TO FROM IT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION, DELAY, FAILURE OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The content of this Website is controlled and offered from facilities in the State of California in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless our corporation, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that a User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
Applicable Law and Jurisdiction
You agree that: (i) the Website shall be deemed solely based in the State of California in the United States of America; and (ii) the Website shall be deemed a passive Website that does not give rise to personal jurisdiction over our corporation, either specific or general, in jurisdictions other than California; and (iii) any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service or the Privacy Policies (“Judicial Action”) shall be governed by the internal substantive law of the State of California as such laws are applied to agreements between California residents entered into and performed entirely within California, without respect to its conflict of laws principles. Any claim or dispute that arises in whole or in part from the Website or this Agreement shall be decided exclusively by a court of competent jurisdiction located in Sacramento County, California, and you consent to the jurisdiction of federal and state courts within the State of California. You consent to the venue in Sacramento County, California, in any action brought against you in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under this Agreement.
Records of Visitor Use and Abuse
You consent to having your Internet Protocol (IP) address recorded. We reserve the right to cause an email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier will be uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
Entire Agreement; Waiver; Time Limitation
These Terms of Service, together with the Privacy Notice and any other legal notices published by us on the Website, shall constitute the entire agreement between you and us concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.