LMNOLA.com Terms-of-Use Agreement
Created: March 30, 2015
Last Updated: March 30, 2015
Lmnola.com is a gossip and satire website. The content that we publish contains rumors, speculation, assumptions, opinions, and factual information. Postings may contain erroneous or inaccurate information. We do not fact-check posts or comments submitted by users and cannot ensure the accurateness of any content presented on lmnola.com by third parties. Submissions that are false, defamatory, or otherwise unlawful are prohibited.
We may revise these terms on one or more occasions by updating this webpage. The top of the terms will tell you when we last updated them. Revised terms will take effect as of the date we post them on this webpage (under no circumstances will they operate retroactively). We will try to notify you when we revise these terms if we can do so in a commercially reasonable manner. But you should periodically check this webpage to make sure that you are operating under the most current terms. Your continued use of the Website after we post the changes will be deemed as your acceptance of the changes. If you do not accept the changes, please stop accessing the Website.
Eligibility; Section 230(d) Notice
This Website is available only to users who can form legally binding contracts under applicable law. By accessing this Website or registering for an account, you state that you are (1) at least 18-years old, (2) otherwise recognized as being able to form legally binding contracts under applicable law, and (3) are not a person barred from viewing or receiving the content under the laws of your jurisdiction.
Under 47 U.S.C. § 230(d), we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding providers of these protections may be found on the Internet by searching “parental control protection” or similar terms.
Registration; Password Protected Areas
You may access most of the content on this Website without registering. Certain features on this Website may only be available to registered users, however. Registration is free and we encourage you to register to take full advantage of all the Website has to offer. If you decide to register, it is a condition to your registration and continued use of the Website that all of the details that you provide to us be accurate, current, and complete. If we believe the details that you provided are not accurate, current, or complete, we may refuse you access to the Website, or any of its resources, and restrict, suspend, or terminate your account.
Access to and use of password-protected areas of the Website is restricted to registered users only. You agree that you (1) will provide current, complete, and accurate identification, contact, and other information about you as you may be prompted by the Website; (2) are responsible to maintain, keep current, and update any registration data and other information you provide to us; (3) are entirely responsible for maintaining the security of your password, identification, and account and for all activity that occurs under your account; and (4) will notify us immediately of any unauthorized access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data. You accept sole risk of unauthorized access to your account. We disclaim liability to you for any loss you may incur because of someone else using your password or account regardless of your knowledge. You may be held liable for losses incurred by us or any other user or visitor to the Website because of someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.
Privacy; Security; Usage Information
By accessing this Website, you acknowledge that Internet transmissions are never completely private or secure. You understand that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission is encrypted.
We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.
We encourage you to provide feedback about the Website. However, we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without compensation to you.
Ownership of Content; Limited License
The Website (including its past, present, and future versions, as well as mobile and non-mobile versions); all webpages found within the Website; the material and information on the Website; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications (including mobile applications), any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website (“content”); and trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, are owned, controlled, or licensed by or to LMNO, and are protected by intellectual property laws, including copyright, trademark, trade dress, domain name, patent, trade secret, international treatises, and other proprietary rights and unfair competition laws.
LMNO hereby grants you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms and any additional terms. By “access,” we mean visit the Website, use its services, and view or download its content. You may access the Website and its content for noncommercial, personal, entertainment use only. The Website and the content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, republished, resolved, uploaded, or otherwise distributed in any way not permitted by these terms (e.g., distribution through the embedded viewer in section 8.1) without LMNO’s express advanced written authorization. Unauthorized use of the Website or the content contained on or available through the Website or any linked websites may violate applicable intellectual property laws, including copyright or trademark laws, or other laws.
You will not use any content that you access on the Website for further distribution, performance, display, sale, or rental except as provided in section 8.1 for distribution through the embedded viewer. LMNO prohibits you from making any content found on the Website available on any other website, application, service, computer environment, or media, including any peer-to-peer network, file-sharing service, or other system for sending information to others unless specifically authorized in these terms (e.g., section 8.1) or a separate writing. You will not access the content through any technology or means other than the video playback webpages on the Website itself, the embedded viewer, or other explicitly authorized means LMNO may designate.
In using the Website or the content, you will abide by all applicable intellectual property laws, as well as any specific notices contained on the Website. Your license to access the Website does not transfer to you ownership of or title to a copy of any content that you download or print, and we only authorize you to use your copy according to these terms. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. LMNO reserves all intellectual property rights not granted in these terms.
The trademarks, service marks, logos, slogans, and domain names (“marks”) referenced on the Website are either common-law service marks or trademarks, or registered service marks or trademarks that belong to us, and are protected by trademark laws in the United States of America and other countries, and international laws and treaties. Other names of actual companies and products mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by us or with us. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to us and our licensors, without advanced written permission from us or the third party who may own the mark.
You will not reproduce, imitate, or use the Website’s trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Website. If you do any of this, your actions may constitute an infringement of our rights or the rights of third parties.
Embedded Viewer; Linking to Website; Links to Third-Party Websites
Embedded viewer. Where enabled, you may embed LMNO content on a website, blog, or social media platform using the embedded viewer on the condition that you include a prominent link back to the Website on the webpages containing the embedded viewer. Not all LMNO content will be available for embedded use, and availability may change without notice. LMNO may remove LMNO content from the embedded viewer. On request, you will stop using the embedded viewer or LMNO content. You may only use embedded LMNO content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded LMNO content may not be used: (1) for any commercial purpose (for example, in advertising, promotions, or merchandising) or to suggest endorsement or sponsorship; (2) in violation of any stated provision of these terms; (3) in a defamatory, pornographic, or otherwise unlawful manner; or (4) outside of the context of the embedded viewer. LMNO (or third parties acting on its behalf) may collect data related to use of the embedded viewer and embedded LMNO content, and may place advertisements in the embedded viewer or otherwise monetize its use without any compensation to you.
Limited license to link. We hereby grant you a limited, nonexclusive license to create a text link to www.lmnola.com only; you may not use our logo or any other brand feature to link to this Website without our advanced written permission. We prohibit you from linking directly to any other webpage or content within the Website without our advanced written permission. We only authorize links in which the link and the webpages that are activated by the link do not: (1) duplicate the content of the Website; (2) frame or create any other border around the content or any webpages on the Website or use other techniques that alter in any way the visual presentation or appearance of any content within the Website; (3) misrepresent your relationship with us or otherwise create a false affiliation, connection, or association with us; (4) imply that we approve or endorse you, your website, or your services or product offerings; (5) present a false or misleading impression about us or otherwise damage the goodwill associated with our name or trademarks; (6) use our trademarks in webpage text, meta tags, or hidden text to gain higher rankings from search engines; or (7) use our name, trademarks, service marks, colors, logos, or any other brand features. We may revoke this limited license at any time. If we revoke this limited license, you will immediately remove all links to the Website and stop using our trademark. We will disable any unauthorized links or frames, and disclaim any responsibility for the content available on any other website reached by links to or from the Website.
Linked websites. As a convenience to you, we may provide on this Website links to websites owned or operated by other entities that are completely independent from us. These linked websites may contain content that some people may find inappropriate or offensive. If you access any of these linked websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and subject to any terms and privacy policies posted on the linked websites. We encourage you to review the terms and privacy policies posted on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not maintain, control, or govern linked websites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links). We do not investigate, verify, monitor, or endorse the content, accuracy, opinions expressed, and other links provided by linked websites. We do not endorse, make any representations regarding, or warrant any information, goods, or services appearing or offered on any linked website, other than linked information authored by us. Links do not imply that we or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any service mark, trademark, trade name, logo, or copyright symbol that belongs to us. Except for links to information authored by us, we are neither responsible for nor will we be liable under any theory based on (1) any linked website; (2) any information or content found on any linked website; or (3) any websites linked to or from any linked website. If you decide to visit any linked websites or transact any business on a linked website, you do so at your own risk. We may discontinue linking to any linked website at any time without notice. Please contact the webmasters of any linked websites regarding any information, goods, or services appearing on them.
You state that all information you provided to us is accurate and current. You will promptly update this information when necessary to ensure that it remains true. You acknowledge that you have the capacity to consent to these terms and to perform the acts required of you under these terms.
You acknowledge that you are responsible for your own submissions and the consequences of uploading or otherwise making them available on the Website. You are solely responsible for all acts and omissions that occur because of your use of the Website.
As a condition of your use of the Website:
You will comply with all applicable laws and regulations of any applicable governmental body;
You will maintain the security of your username and password and be fully responsible for all use of your account;
You will not use the Website in any way that exposes us to criminal or civil liability;
You will not use the Website for any unlawful purpose or in any way that is prohibited by these terms;
You will not use the Website for making, obtaining, or otherwise accessing illegal copies of copyrighted content;
You will not use the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, harmful, threatening, obscene, indecent, pornographic, offensive, hateful, discriminatory, or illegal material to any other user of this Website;
You will not use the Website to harass or otherwise invade the privacy of another person (including the dissemination of personal information);
You will not use the Website to promote the physical harm or injury of any individual or group, or promote any act of cruelty to animals;
You will not impersonate another person during your use of the Website;
You will not use any automated means—including robots, crawlers, or data mining tools—to download, monitor, or use data or content from the Website;
You will not modify, build on, or block any portion or functionality of the embedded viewer, including links back to this Website;
You will not use the Website to collect usernames or email addresses for sending unsolicited messages of any kind;
You will not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
You will not “stalk” or otherwise harass anyone on the Website;
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
You will not bypass, circumvent, disable, or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of any content, or features that enforce limitations on the use of the Website or the content on it, including any digital rights management functionality;
You will not remove any proprietary notices or labels, including copyright notices, on the content;
You will not post, link to, or otherwise make available on the Website any content that contains software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;
You will not send, create, or reply to so-called “mail bombs”—that is, emailing copies of a single message to many users, or sending large or multiple files or messages to a single users with malicious intent—or engage in “spamming”—that is, unsolicited emailing for business or other purposes—or undertake any other activity that may adversely affect the operation or enjoyment of this Website by another person;
You will not reproduce, sell, resell, or otherwise commercially exploit or make available the Website or its content to a third party;
You will not “frame” or “mirror” the Website;
You will not decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software on this Website into a readable form in order to examine the construction of that software or to copy or create other products based (in whole or in part) on that software; and
You will not reverse engineer any part of the Website.
We may take appropriate action against you for any unauthorized use of the Website, including civil, criminal, injunctive relief, and cancellation of your account. An unauthorized use of the Website and our computer systems violates these terms and certain international, foreign, and domestic laws.
Generally, we do not accept or consider unsolicited submissions of any kind in any format, by any means of transmission. Any submissions received are returned to the sender, deleted, or discarded without being reviewed. Thus, please do not send any unsolicited submissions to us. On one or more occasions, however, we may expressly invite submissions of content from you. If we expressly invite submissions of content from you, please understand that we will consider any content submitted to us nonconfidential and nonproprietary. We will have no obligation for this content and we do not guarantee any confidentiality for any submissions. We may freely use and otherwise exploit this content for any purpose without any obligation to compensate you.
For any permitted submission you make to the Website, you state that:
You own or retain the necessary right to use and authorize us to use all copyrights, patents, service marks, trademarks, trade secrets, or other proprietary rights in the submission to allow inclusion and use of the submission in the manner contemplated by the Website and these terms;
You are not posting any content depicting any person under 18-years old;
You have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older; and
You have the written consent or release of each identifiable person in the submission to use their name or likeness to enable inclusion and use of the submission in the manner contemplated by the Website and these terms.
You retain all of your ownership rights in your submissions. However, you grant us a worldwide, nonexclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions for the Website and our (or our successor’s) business, including for promoting and redistributing any part of the Website (and derivative works of it) in any media formats and through any media channels. You further waive all moral rights in your submissions that may be available to you in any part of the world and you confirm that no moral rights have been asserted. You also grant each user a nonexclusive license to access your submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions as permitted through the functionality of the Website and under these terms. This license terminates once you remove or delete your submission from the Website. You understand that we have no control over what other users may do with copies of your content once you remove your submissions from the Website and we do not guarantee that others will honor the termination of the license you grant here.
You are solely responsible for your submissions and the consequences of posting them to the Website or to any other website through an embedded viewer provided by the Website. You will not submit to the Website any content:
That is copyrighted, patented, trademarked, protected by trade secret, or otherwise subject to third-party contractual or proprietary rights—including privacy and publicity rights—unless you are the owner of the rights or have permission from the rightful owner to post the content and to grant us all of the license rights granted in section 10.3;
That publishes falsehoods or misrepresentations that could damage us or any third party;
That is illegal, unlawful, threatening, defamatory, libelous, obscene, indecent, pornographic, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or may cause annoyance or inconvenience;
That disparages, criticizes, belittles, parodies, or otherwise portrays in a negative light any person appearing in or referred to in the submission;
That seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information for improper purposes or otherwise;
That constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise be contrary to the law of or violate the rights of any third party in any jurisdiction in the world;
That advertises any commercial endeavor or otherwise engages in any commercial activity except as specifically authorized on this Website;
That solicits funds, advertisers, or sponsors;
That impersonates another person or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
That is technically harmful (that is, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data); or
That otherwise violates any condition to your use of this Website identified in section 9.3 above or prohibition identified in section 11.2 below.
We have no responsibility for, we do not endorse (expressly or implicitly), and we expressly disclaim all liability for any content you submit to the Website or to any other website through an embedded viewer provided by the Website. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we will remove all content and submissions if properly notified that the content or submission infringes on another’s intellectual property rights. We may remove content and submissions without advance notice or delay. We may also terminate a user’s access to the Website if we determine the user is an infringer. We reserve the right to decide if the content or submission is appropriate and otherwise complies with these terms. We may remove a submission or terminate a user’s access for uploading content that violates these terms at any time without advance notice.
You understand that when accessing the Website, you may be exposed to submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for these submissions. You further understand that you may be exposed to submissions that are inaccurate, offensive, obscene, indecent, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We may (1) refuse to publish, (2) remove, or (3) block access to any user submission that is available through the Website or our network or services without notice.
We provide this Website as a service to our users. We assume no responsibility for monitoring the Website for inappropriate content or conduct. If we choose to monitor the Website, we assume (1) no responsibility for the content, (2) no obligation to modify or remove any inappropriate content, and (3) no responsibility for the conduct of the user submitting that content. We may review and delete any submissions that violates these terms or that may be otherwise offensive or illegal. We may also review and delete any submissions that harm or threatens the safety of any user or person not associated with the Website, or that otherwise violates another person’s rights. You are solely responsible for the submissions that you make to the Website and for any other material or information that you transmit or share with other users or unrelated persons through the Website or the embedded viewer provided by the Website. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting content in breach of these terms.
This Website includes certain community features. You will not post any comments that are infringing, defamatory, libelous, obscene, lewd, excessively violent, harassing, invasive of privacy, unlawful, or otherwise just plain nasty. Please use your best judgment and respect other individuals when using the community features of this Website. Remember, because of the anonymous nature of the Internet, participants may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated. You will not use vulgar, abusive, or hateful language. If you violate this provision, we may block you from accessing this Website and hold you responsible under these terms. Your use of the community features will be at your own risk and will be subject to the disclaimers and limitations stated in these terms.
You will not upload, post, or otherwise transmit any content or information that:
Violates or infringes on the rights of any person, including copyright, trademark, privacy, publicity, moral, contract, or other personal or proprietary rights;
Plagiarizes any content owned by any person;
Contains violent, obscene, defamatory, libelous, harassing, threatening, or otherwise illegal content;
Contains bigoted, hateful, or otherwise racially offensive material;
Otherwise harms or may be reasonably expected to harm any person;
Contains commercial or business-related advertisements or offers to sell any products, services, or otherwise (whether for profit or not), or to solicit others (including solicitations for contributions or donations);
Contains a virus or other harmful component that tampers with, impairs, or damages the Website, service, or any connected network, or otherwise interferes with any person’s use or enjoyment of the Website or service;
Contains materials irrelevant to the designated topic or theme of the posting;
Discusses illegal activity or posts links to other websites that deal with those activities; or
Consists of antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
The information and opinions included or expressed in or on bulletin boards, chat sections, community pages, or other forums on this Website are not necessarily those of LMNO or its content providers. LMNO does not endorse the opinions expressed in any posting on this Website. LMNO does not and cannot review every posting by users made available on this Website. Nor are we responsible for the content of any posting. We may monitor and delete any information or postings we consider inconsistent with these terms. If you are aware of any information posted that violates these terms, please contact us at firstname.lastname@example.org. Please provide as much detail as possible, including a copy of the objectionable information or the location where we may find it, the reason we should remove it, and a statement certifying the accuracy of the information you provided to us.
Website Availability; Access; Termination and Suspension
While we will try our best to make sure that this Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Numerous factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.
We may suspend access to this Website temporarily and without notice for system failure, maintenance or repair, or reasons beyond our control. We may modify or discontinue this Website without notice to you. We have no liability to you or any other person if we exercise our right to modify or discontinue this Website.
We may change, limit, suspend, terminate, or block your access to this Website if we believe that you have violated or otherwise failed to comply with these terms.
No Fees; Reservation of Right to Charge Fees
We do not charge any fees and the Website is free to all users. However, we reserve the right to charge for the Website and to change our fees on one or more occasions. Further, if we terminate your right to use the Website because of a breach of these terms, you will have no right to a refund of any unused part of subscription fees.
Release and Disclaimer of Liability
You expressly release us from all claims, demands, and damages (actual and consequential), of every kind and nature, known or unknown, disclosed or undisclosed, arising out of your use of the Website, including disputes with one or more other users or other persons.
Exclusion of Damages; Exclusive Remedy
Scope of Disclaimers
The disclaimers, exclusions, and limitations contained in sections 14, 15, and 16 apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you.
Loss Payment (also known as Indemnification)
Loss means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
A loss is caused by an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.
Our Duty to Notify. If we have your contact information, we will notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be obligated to pay. Our failure to give you timely notice does not terminate your obligation, except if that failure prejudices your ability to mitigate losses (but this exception does not apply if we do not have your contact information or cannot obtain your contact information in a commercially reasonable manner).
Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we must cooperate with each other in good faith on a claim.
No Exclusivity. Our rights under this section do not affect other rights we might have.
Compliance with Laws
We make no representation to you that the content and materials are appropriate or available for use outside the United States of America. You assume all knowledge of applicable law and are responsible for compliance with these laws. You will not access the Website if prohibited in your jurisdiction or use the Website in any way that violates applicable governing laws, regulations, or other government requirements. You will not transmit any content that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable governing law or regulation.
Governing Law; Place for Resolving Disputes
Dispute Resolution; Exception for Small Claims
In General. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met the obligations under these terms. The parties will first meet and negotiate with each other in good faith to attempt to resolve all disputes between the parties relating to these terms.
Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution provision.
Waiver of Jury Trial. Both parties hereby waive the right to a trial by jury for any dispute arising out of these terms or the use of the Website. This waiver will be enforceable up to and including the day that trial is to start, and even if the arbitration provisions are waived.
Exception for Small Claims. As an alternative to arbitration, you may pursue your claim in a small claims court in your jurisdiction of residence, if the claim meets all of the requirements for the small claims court subject to LMNO’s right to remove any claims where the amount in controversy exceeds $5,000. If you elect to file a small claims action, the matters raised in the small claims action will not be subject to arbitration unless you remove the matter from the jurisdiction of the small claims court or LMNO elects to remove the matter because the amount in controversy exceeds $5,000.
Class Action Waiver
Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates these terms, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
Limited Time to Bring Claims
Copy of these Terms. You may—and we recommend that you—print these terms on your printer or save them to your computer. If you are having trouble printing a copy, please contact us at email@example.com and we will email you a copy.
Modifications. We may change these terms if we believe necessary to operate the Website. Changes will not apply to ongoing disputes or to disputes arising out of events occurring before the posted changes. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the last updated date noted at the top of the revised terms. It is your responsibility periodically to check the Website to review the most current terms. While we will try to notify you of any changes to these terms, we do not assume an obligation to do so. By continuing to use the Website after we post changes to these terms, the revised terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at firstname.lastname@example.org.
Assignment and Delegation. We may assign any rights and delegate any performance under these terms to an affiliate or third party without notice to you. You will not assign your rights or delegate your performance under these terms without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
Waiver. If we do not enforce any right or provision of these terms, that failure does not waive our right to do so in the future.
Severability. If any provision of these terms is for any reason held unenforceable, that provision will be modified to the extent necessary to make it enforceable without losing its intent. If no modification is possible, that provision will be severed from the rest of these terms.
Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate performance under these terms.
Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
Failure of the telecommunications or information services infrastructure; and
Hacking, SPAM, or any failure of a computer, server, network, or software.
Costs and Legal Fees. In any dispute between the parties, a court or tribunal of competent jurisdiction will award the prevailing party all reasonable costs and legal fees incurred in enforcing or defending these terms.
Sending Notice to Us. You may send notice to us by email at email@example.com or by writing to us at the address shown on the Website. We will consider an electronic notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
Sending Notice to You—Electronic Notice. You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you; or (2) by posting the notice on a location on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email message you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
Authorization and Permission to Send Emails to You. If you have provided us with your email address, you authorize us to email you notices, advertisements, and other communications to you. This authorization will continue until you request us to remove you from our email list.
Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages transmitted to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and designated recipients to read. Users or operators of the Website may read all messages you send to the Website regardless if they are intended recipients.
Electronic Signatures. Any affirmation, assent, or agreement you transmit through this Website will bind you. You acknowledge that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Users who wish to gain access to the password-restricted section of the Website must register. We do not currently charge consumers for registering for the Website. We reserve the right to charge for registering in the future. You may contact us at firstname.lastname@example.org to resolve any disputes or to receive further information about the Website.
Complaints—California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
In these terms, the following usages apply:
Actions permitted under these terms may be taken at any time and from time to time in the actor’s sole discretion.
References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.
In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
“A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
“Including” means “including, but not limited to.”