Terms of Use


(1) Introduction

NOTICE: These terms of use govern your use of our website, which is provided by our Company. By using our website, you agree to these terms of use in full. If you disagree with these terms of use in whole or in part, you must not use our website.

You must be at least eighteen years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least eighteen years of age. If you are under eighteen, you may use our website only with permission of a parent or guardian.

(2) Credit

This document was created in conjunction with SEQ Legal and Rocket Lawyer.

(3) Privacy Policy

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our Privacy Policy. If you disagree with the terms of our Privacy Policy in whole or in part, you must not use our website.

(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

You are granted a non-exclusive, non-transferable, revocable license to access and use our website strictly in accordance with these terms of use. As a condition of your use of our website, you warrant to us that you will not use our website for any purpose that is unlawful or prohibited by these terms of use. You may not use our website in any manner which could damage, disable, overburden, or impair our website or interfere with any other party’s use and enjoyment of our website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through 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.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on our website. Our content is not for resale. Your use of our website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content without our express written permission and that of the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property and our licensors except as expressly authorized by these terms of use.

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 may view, download for caching purposes only, and print pages or other content from our website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

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

Our website contains general information about specific medical conditions and treatments. By using our website and agreeing to these terms of use, you agree to the terms of our Medical Disclaimer. If you disagree with the terms of our Medical Disclaimer in whole or in part, you must not use our website.

(9) Links to Third Party Websites

Our website contains links to other websites. By using our website and agreeing to these terms of use, you consent to the inclusion of links to third party websites in accordance with the terms of our Linking Policy. If you disagree with the terms of our Linking Policy in whole or in part, you must not use our website.

(10) Links to Third Party Affiliate Websites

Our website includes links to third party affiliate websites selling goods and/or services. By using our website and agreeing to these terms of use, you consent to our inclusion of links to third party affiliate websites in accordance with the terms of our Affiliate Disclosure. If you disagree with the terms of our Affiliate Disclosure in whole or in part, you must not use our website.

(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

In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

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.

You warrant and represent that your content will comply with these terms of use.

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.

Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, 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

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section (16) and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

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.

(18) Indemnification

You hereby indemnify, defend and hold harmless our Company and its officers, employees, agents, suppliers, subcontractors or members of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) websites and third parties, and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

(19) Non-Disparagement

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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE OUR WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE.

(21) Breaches of These Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(22) Trademarks

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.

(23) Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

(24) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(25) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(26) Exclusion of Third Party Rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(27) Entire Agreement

Subject to the first paragraph of Section (16), these terms of use, together with our Privacy Policy, Medical Disclaimer, Linking Policy and Affiliate Disclosure, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

(28) Law and Jurisdiction

These terms of use will be governed by and construed in accordance with the laws of the State of Kentucky, and the parties to these terms of use expressly agree to submit to the exclusive jurisdiction of the Federal or State Courts of Frankfort, Kentucky, USA.

In the event that you believe you have been irreparably harmed by any cause of action relating to our website, you agree to inform us our Company in writing and grant us thirty (30) days to remedy the harm before initiating any action. Any legal action, suit, or proceeding arising out of or relating to these terms of use or a breach thereof, shall be instituted in a court of competent jurisdiction in Kentucky, and you hereby consent and submit to personal jurisdiction of such court, waive any objection to venture in such court, and consent to service of process by overnight courier or express mail at your last known address. Any cause of action initiated by you must be initiated within six (6) months after the claim or cause of action has arisen or be barred.

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.

(29) Changes to Terms of Use

We reserve the right, in our sole discretion, to change the terms of use under which our website is offered. The most current version of the terms of use will supersede all previous versions. We encourage you to periodically review the terms of use to stay informed of our updates.

(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: hello@janellkaplan.com.

Last Updated October 26, 2014.