TERMS AND CONDITIONS OF USE
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911. THIS WEBSITE\SERVICE IS NOT MEANT FOR USE IN A MEDICAL EMERGENCY.
The contents of this Services are intended only for social media purposes, for the general public, as an online mechanism through which individuals can connect with others to pray and be prayed for. It is not affiliated with any religious denomination. It is not meant to provide any religious or any other type of advice, nor is it a replacement for established religious institutions, organizations or professionals, or any other types of institutions, organizations or professionals. Each user is urged to consult with his or her recognized religious organizations’ and/or institutions’ representatives when seeking religious advice.
General Use of the Services — Permissions and Restrictions
The Services is available only to individuals who are at least 18 years old. If you are not yet 18 years old, you must stop using the Services immediately until such time as you are 18. The information on the Services is geared toward the adult user and intended only for an adult user.
The information on the Services is intended for use only within the United States. Any use or downloading of content from the Services 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 provided under the grant of a limited license to use our Services; no rights are being sold to you in connection with your use of the Services. The Services licensed to you are done so in connection with the relevant device and/or operating system you are using at the time you engage the Services. The Services are non-transferable without our express written permission. You are responsible for the actions of any other person who may utilize your access rights on the Services.
Each of the Services is offered subject to your acceptance without modification of all of the Agreement and all other rules and policies. If you do not agree to all the terms of the Agreement, then you may not access the Services 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 Services, acceptance by any user of the Services is expressly limited to these terms.
Our basic products and services are free to 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 and a detailed listing of any charges and rules therefor relating to such paid Services. You are fully responsible for charges incurred in connection with your use of any paid Services. You authorize us to charge the means for payment of such Services provided to you.
We may offer a section of the Services geared for clergy, churches, prayer warriors, etc. This portion of our Services will be available following the grant of authorization upon proof of 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 Services 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 Services automatically. Any Non-Human Visitors to the Services 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 Services.
Email addresses on the Services 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 Services 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 Services’ 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 Services 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 Services will not infringe or misappropriate the intellectual property rights of any third party. Your use of the Services will deem you a “User.”
Ownership; Intellectual Property; Disclaimer.
This Agreement does not transfer from the Services 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 Services/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 Services.
- The content on the Services, except any User Submissions (defined below), including without limitation, the text, software, scripts, illustrations, information, content, materials, files, images, graphics, photos, sounds, music, videos, products, services, URLs, technology, interactive features and the like (“Content”) and the trademarks, service marks, trade names, trade dress and logos contained therein (“Marks”), are owned by or licensed to us, our licensors our affiliates and/or identified third parties, subject to copyright and other intellectual property rights under the law. Other trademarks, service marks, trade names, trade dress, graphics and logos used in User Submissions or embedded or linked third party content in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use our licensor’s or any third-party’s trademarks.
- Content on the Services 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 Services 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
- if applicable, for Streaming.
“Streaming” means a contemporaneous digital transmission of an audiovisual, audio or visual work via the Internet from our Services 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 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 HD. No edits or alterations to the material are permitted. The following notice must be included with your copy of the material: “© 2017 Heavens Door except where otherwise noted. All rights reserved.” No copyright notices, including the HD copyright notice, and any third-party copyright notices, may be removed from any material. Additionally, the confidentiality of any printed material must be indicated, and the Services will embed a watermark stating “confidential” on all printed material. Should you wish to obtain multiple copies of any material or other licensing arrangements or permissions to use any materials, please contact [email protected]
- A User Submissions is defined as an account holder’s comment on or to or within the Services, posts of material to the Services, including, but not limited to, text, videos, photos, stories, requests for prayers or responses thereto, or comments, posts of links on the Services, or otherwise making (or allowing any third party to make) material available by means of the Services. User submissions are made available to you for your information and personal use solely as intended through the normal functionality of our Service. User comments on, to or within User Submissions, 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 Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. You agree not to alter or modify any part of the Services.
- You must not trade on the name or reputation of this Services and its owners or Users. You agree not to use the Services for any commercial use, without the prior written authorization of Heavens Door. Prohibited commercial uses include any of the following actions taken without our express approval:
- sale of access to the Services or its related services
- use of the Services or its related services, for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Services or any third-party Services, targeted to the content of specific User Submissions (as defined below);
- any use of the Services 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 Services, you will likely 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 while we desire to create an environment that is safe, positive, nonjudgmental and nondiscriminatory, 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, Heavens Door, its Owners, Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- A religious organization which chooses to join our services by entering into a licensing agreement with us will have access to the personally identifiable information and User Submissions of user’s who join that organization in accordance with the license agreement between us and the religious organization as well as their own terms of service and privacy policies. Specifically, a religious organization you join will have a license from us to use and print information about you, including your first and last name, your state, the text of your prayer requests and responses thereto, the number of prayer requests you have submitted, and the number of responses thereto. Even though the license will require that the word “confidential” and the phrase: “© 2017 Heavens Door except where otherwise noted. All rights reserved.” be displayed on all printed material by a religious organization you join through ePrayer, we cannot guarantee that such marking will exist. We also license each religious organization you might join through ePrayer to use and print your personally identifiable and religious information solely for its administration of religious activities for which it is chartered, and require that such material, both printed and online, will remain protected by your religious organization in a usual and customary manner. However, we cannot guarantee that your personally identifiable, religious belief or other personal information will actually be treated as such by a religious organization you join. By joining a religious organization through ePrayer, you hereby grant a license for that religious organization to have the rights to any material for which you hold the copyright as specified in that organization’s terms of service and privacy policies.
In order to access the features of the Services, you will have to register for an account, which you do by entering your first and last name, your e-mail address, your zip code and country, your age, your password and your personal identification number (“PIN”). If you create an account with the Services, 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 true, accurate and complete information. You must keep your account password secure. You must notify Heavens Door 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 Heavens Door, the Services, nor Heavens Door 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. You can notify us by contacting [email protected].
In creating your account, you will be able to specify certain relationships with the Services, including whether you would like to receive specified e-mail or other electronic notifications which may be generated by the Services as to particular features, products or services. You may change your specifications at any time by modifying your profile within your account or your operating system’s settings. You will also be able to select certain fee-based subscriptions. For a non-refundable quarterly subscription fee of $1.99, you can subscribe to the ability to access a group prayer function where you can specify individuals within a group or groups identified in your account. The Group Prayer feature automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. No cancellation of the current subscription is allowed during the 24-hour active subscription period time. For a non-refundable quarterly subscription fee of $1.99, you can see a map of the world with locator symbol of the places where you have prayed for others. The Mao feature automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. No cancellation of the current subscription is allowed during the 24-hour active subscription period time.
If you are a religious organization user, click here [coming soon] for the price and feature menu applicable to you.
As an account holder, you may, when and if enabled by the Services, 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 Services 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 (fraudulent email solicitations designed to obtain financial or personal information)) 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, discriminative, and does not violate the privacy or publicity rights of any third party and is not otherwise unlawful.
- Your User Submission is not done in a manner that misleads your readers into thinking that you are another person or company. For example, you do not use a URL or name that is 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, sublicensable 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 Services (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 Services 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 Services 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.
Heavens Door will have no obligation to provide a refund of any amounts previously paid. Without limiting any of those representations or warranties, Heavens Door has the right (though not the obligation) to, in the Services’ or Heavens Door sole discretion to (i) refuse or remove any content that, in Heavens Door reasonable opinion, violates any Services policy or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Heavens Door sole discretion.
Fees and Payment.
Optional premium paid services (such as subscription services, domain purchases, etc.) may be available through the Services. 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 Services Visitors.
We do not and have not reviewed, and cannot review, all of the material, including computer software, posted to the Services, and cannot therefore be responsible for that material’s content, use or effects. By operating the Services, Heavens Door does not represent or imply that it endorses the material 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 Services. In the same way, anyone who discovers Content on the Services that contains material that violates the privacy or publicity rights or infringes on 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 Services. The Services and Heavens Door disclaim any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.
We may use social media sites like Twitter and Facebook. These Terms of Service and the Services’ Privacy Policies apply in addition to the terms of service and privacy policies of any such social media sites used by Heavens Door.
Content Posted on Other Services.
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 Services links, and that link to the Services. The Services does not have any control over other websites and webpages and is not responsible for their contents or their use. By linking to another website or webpage, we do not represent or imply that we endorse 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 Services and Heavens Door disclaim any responsibility for any harm resulting from your use of such other websites or webpages.
Copyright Infringement and DMCA Policy.
Heavens Door asks others to respect its intellectual property rights, including all of those embodied in the Services, 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 Services 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 address.
- 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 Services’ designated Copyright Agent to receive notifications of claimed infringement is our system administrator. You can reach our Copyright Agent at the following email address [email protected] 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, 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 Services have been terminated as a result of this DCMA process, the Services will have no obligation to provide a refund of any amounts previously paid to the Services.
Generally, our Services will access service providers Amazon.com, I-Tunes, and Google Store, for certain goods and services purchases, including subscriptions, virtual goods and upgrades to your use of the Services. When you are re-directed to any of these sites, any personal mailing information will be collected by our site and billing and charge information will not be collected through our Services, but only through the other sites which you have accessed. Please familiarize yourself with those sites’ terms of service and privacy policies regarding data you share on those sites.
Regarding all products and services for purchase described within our Services, we attempt to accurately describe and price the products listed among our Services, but we make no representation, warranty or covenant concerning any of the product descriptions’ truthfulness, completeness, reliability, or correctness or the list price or suggested price. With respect to products purchased, your sole remedy in connection with the purchase of any inferior or inaccurate product from our Services is to return it provided it is returned within the applicable allowed return period and with proper receipt documentation. With respect to subscriptions, your sole remedy in connection with the purchase of any inferior or inaccurate product from our Services is to terminate your service at the end of the current billing cycle.
Regarding any product purchased through our Services, we reserve the right to limit the number of any items purchased and cancel multiple orders of any item purchased by the same User. We have the right to refuse, cancel, change or reduce any orders you place directly with us whether or not the order has been finalized and/or your credit card charged. We will issue a refund or credit for any credit card charge incurred for any order we cancel. The sales tax will be charged to you and withheld for orders based on the applicable state sales tax rate and the location to which the item is being shipped. Should you not be charged for sales tax, you are entirely responsible for all sales taxes, or other taxes, on orders sent to you. You agree to contact the manufacturer only for service, information, and/or support for items you purchase through our Services.
Your participation in contests or promotions of advertisers and other third parties other than us found on or through our Services, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
Through our Services you may be offered gift cards and/or vouchers redeemable for the purchase and/or acquisition of goods and/or services. The risk of loss and title for any gift cards and/or vouchers are exclusively those of the purchaser once the purchaser receives confirmation of the purchase or acquisition. Specifically, we are not responsible if a gift card and/or voucher is lost, stolen, destroyed or used without your permission, and we make no warranties, express or implied, with respect thereto, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event any of these items is non-functional, your sole remedy, and our sole liability, shall be the replacement of such. The merchant issuer of the gift card and/or voucher is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a gift card, voucher, or otherwise. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. You waive and release HD and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities and/or obligations of any kind arising from or related to any act or omission of a merchant in connection with your use of a gift card and/or voucher or the services/goods it provides in connection with it. Additionally, the expiration date on the gift card and/or voucher sets forth the last date on which you can redeem it for the full promotional value as stated thereon, but applicable law may provide that the merchant is responsible for honoring the cash value that you paid for therefor for a period of time beyond that expiration date.
Changes to Terms of Service.
Heavens Door 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 Services following the posting of any changes to this Agreement constitutes acceptance of any changes. In any event, by using this Services you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Heavens Door may also, in the future, offer new services and/or features through the Services (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.
Heavens Door may terminate your access to all or any part of the Services 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 Services. Notwithstanding the foregoing, if you have a paid eMIT Service account, you can terminate that account upon prior written notice at least 10 days before the end of the relative current payment period and such account can only be terminated by us at any time provided we refund pro-rata any unused portion of your fee; provided that, Heavens Door can terminate the Services 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 Services is controlled and offered from facilities in the State of California in the United States of America. We make no representations that the Services is appropriate or available for use in other locations. Those who access or use the Services 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 Services; (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 Services.
Applicable Law and Jurisdiction
You agree that: (i) the Services shall be deemed solely based in the State of California in the United States of America; and (ii) the Services shall be deemed a passive Services 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 Services 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 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
Effective January 23, 2018
1968 S. Coast Hwy #1833
Laguna Beach CA 92651