(4) Electronic Communications
Visiting our website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on our website, satisfy any legal requirement that such communications be in writing.
(5) License to Use Our Website
All content included as part of the services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on our website, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make changes thereto.
Unless otherwise stated we, or our licensors, own the intellectual property rights in our website and material on our website. Subject to the license below, all these intellectual property rights are reserved.
You must not: (a) republish material from our website (including republication on another website); (b) sell, rent or sub-license material from our website; (c) show any material from our website in public; (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (e) edit or otherwise modify any material on our website; or (f) redistribute material from our website, except for content specifically and expressly made available for redistribution (such as our newsletter).
(6) Acceptable Use of Our Website
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(7) Your Account
If you use our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account, and you agree to notify us in writing immediately if you become aware of any unauthorized use of your account or password. You agree you are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. We reserve the right to restrict access to areas of our website, refuse or cancel services, terminate accounts, or remove or edit content at any time in our sole discretion with or without notice or explanation.
We do not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under eighteen, you may use our website only with permission of a parent or guardian.
(8) Medical Disclaimer
(9) Links to Third Party Websites
(10) Links to Third Party Affiliate Websites
(11) Use of Communication Services
Our website contains communication services (i.e., bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities) designed to enable you to communicate with the public at large or with a group. You agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, you agree that when using a communication service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the communication services; violate any code of conduct or other guidelines which may be applicable for any particular communication service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
We have no obligation to monitor the communication services. However, we reserve the right to review materials posted to a communication service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any communication service. We do not control or endorse the content, messages or information found in any communication service and, therefore, we specifically disclaim any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our own.
Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
(12) Submissions to Our Website
We do not claim ownership of the materials you provide to our website (including feedback and suggestions) or post, upload, input or submit to our website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting our website our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be with respect to the use of your Submission, as provided herein. Our website is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our website’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Section (12) including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
(13) Third Party Accounts
You will be able to connect your communication services account to third party accounts. By connecting your communications services account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
(14) User Content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
(15) Limited Warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(16) Limitations and Exclusions of Liability
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(17) Non-Resident and International Users
Our website and its services are controlled, operated and administered by our Company from our offices within the State of Kentucky, USA. Our Company makes no representation that our website and its services are appropriate or available for use in other locations or jurisdictions. If you access our website and its services from a location outside the State of Kentucky, USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through our website in any state or country or in any manner prohibited by any applicable laws, restrictions or regulations.
In the event that a dispute arises between you and our Company, you and our Company agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between you and our Company, you and our Company agree that neither will engage in any conduct or communications, public or private, designed to disparage the other.
(20) Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN OUR WEBSITE AT ANY TIME.
WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Our Company, our website and our logo(s) are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights, and as such we cannot grant any license to exercise such rights.
(26) Exclusion of Third Party Rights
(27) Entire Agreement
(28) Law and Jurisdiction
Any use or viewing of this website HTML pages, or features other than the home/welcome page and this page, shall be taken as acceptance to these terms of usage and disclaimer.
(30) Our Details
The full name of our Company is: Indomitable Spirit, LLC
Janell Kaplan is a registered DBA of Indomitable Spirit, LLC
You can contact us by emailing us at: email@example.com.
Last Updated October 26, 2014.