DANIELLE MCCLELLAN, RD PLLC TERMS OF USE

TERMS OF USE

Welcome to the Danielle McClellan, RD PLLC Service (defined below). By using our Service, you are agreeing to this Agreement and these Terms of Use (defined below). Please read them carefully.

These Terms of Use were last updated on 9/30/2024.

ACCEPTANCE OF TERMS OF USE

This Terms of Use Agreement (“Agreement”) is made by and between Danielle McClellan, RD PLLC (hereinafter “Danielle McClellan” “Company” “we” or “us” or “our”), a Texas Professional Limited Liability Company, and you, the user (“you”, “your” or “User”). Company owns and operates the websites daniellethedietitian.com, forward-forever.com, daniellemcrd.mykajabi.com, and stan.store/Danielle_the_dietitian, the mobile and touch versions of such websites, any websites we have now or in the future that reference this Agreement, and any other services provided by us, such as those listed in Section 1 “About the Service” (collectively, the “Service”).

This Agreement contains the terms and conditions that govern the use of the Service. Please read this Agreement carefully before accessing or using the Service.

In addition, certain areas of the Service may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with this Agreement, the additional terms will control.

The most current version of this Agreement can be reviewed by going to: https://daniellemcrd.mykajabi.com/terms-of-use-f95bb281-7a4a-469f-bc82-811d396ca274  You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Service shall constitute your acceptance thereof.

The Privacy Policy, together with this Agreement, and any other terms contained herein or incorporated herein by referenced, are collectively rereferred to as the “Terms of Use.” The term “using” also includes any person or entity that accesses or uses the Service with crawlers, robots, data mining, or extraction tools or any other functionality.

This Service is not intended for users outside the United States. If you are not located within the United States, you are not permitted to utilize these Services. These Terms of Use shall control unless specific information is provided herein to the contrary. Please carefully read the provisions that specifically relate to your legal rights, remedies and obligations. Please note: Section 24 of this Agreement contains an arbitration clause and class action waiver that applies to all claims brought against Company and/or any of our affiliates, including our subsidiaries, in the United States. It affects how disputes with Company and/or any of our affiliates, including our subsidiaries, are resolved. By accepting this Agreement and/or these Terms of Use, you agree to be bound by this arbitration clause and class action waiver. Additionally, some jurisdictions do not allow the disclaimer or warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Please read it carefully. European visitors can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Company is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.  

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISCLAIMER & LIMITATION OF LIABILITY, (B) INDEMNITY, AND (C) DISPUTES.

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS SERVICE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT, COLLECTIVELY THE "SERVICES" AS PREVIOUSLY DEFINED, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU ALSO AGREE TO OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE AND LOCATED AT https://daniellemcrd.mykajabi.com/privacy-policy

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SERVICE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS SERVICE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE.

 

1.  About the Service. The “Service” is a platform through which health care providers and the public are provided with information on healthy meal plans and weight loss, and provide actionable solutions and support to both. The Service’s mission is to help people live their best, healthiest, happiest lives. The Service assists people looking to start healthy eating habits. The Service provides informational support, scheduling for one-on-one or group sessions, and meal plan materials to help you with your fitness goals.

 

2.  Health Care Disclosure. The content, products and services offered herein are here to educate consumers on health care and dietary issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Service does not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through the websites represent or warrant that any particular service or product is safe, appropriate, or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the websites. In the event you schedule a one-on-one or group session through the websites, you may be provided with additional agreements, which you are required to review and agree to prior to any session. You understand and acknowledge that you should not use Services if you have certain medical histories, chronic conditions, or other medication use, including but not limited to persons with kidney disease, diabetes, or anyone with a history of an eating disorder or disordered eating. You agree that you will be honest in disclosing this information and will notify Danielle McClellan of any changes. You understand and acknowledge that the failure to do so can be dangerous to your health. Reliance on any information provided by Company, others appearing on the Service at the invitation of Company, or other visitors to the Service is solely at your own risk.

 

3.  Access to the Service. The Service is not intended for children under the age of 13 (or applicable age in your country or jurisdiction) and children under 13 (or applicable age in your country or jurisdiction) should not use the Service. As a condition of your use of the Service, you agree that you are at least 13 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established; you are able to create a binding legal obligation; and you are not barred from receiving products or services under applicable law. To access this Service, Service resources, links or other content, you may be asked to register an account, and provide certain registration details or other information. It is a condition of your use of this Service that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to this Service, or to any of its resources, and to terminate or suspend your access at any time. Company retains the right, at our sole discretion, to deny service or use of the Service or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Service and your account accessible, the Service and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Service access, or access to your account due to circumstances both within our control and outside of our control.

 

4.  Applicable Use. You may use this Service only for purposes expressly permitted by this Agreement. As a condition of your use of Company’s Service, you warrant to Company that you will not use the Service for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.

 

5.  Fees and Payment. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, unless expressly provided otherwise in writing by us.

 

•   We reserve the right to determine pricing for the Service and any products we offer for sale that you may purchase through the Service. We will make reasonable efforts to keep pricing information published on our websites up to date. We encourage you to check our websites periodically for current pricing information. We may change any of this pricing information (including by adding applicable fees or charges) at any time prior to your completing a purchase and will give you notice of the applicable pricing information prior to completion of such purchase. We, in our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to you or this Agreement.

 

•   If you make a purchase, you will be notified of the currency in which you will be charged. This currency will be determined by us based on the Applicable Payment Method (defined in Section 5.3). For your convenience and if the currency you will be charged in is not the same as the currency applicable in your country, we may provide you with an indication of how much the price would approximately be in your own currency. Such indication is merely indicative, not binding, and will depend on the applicable exchange rate of the day. You acknowledge that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) we update the applicable exchange rate on a regular, but not real-time, basis; and (ii) the applicable exchange rate may include an incremental cost or margin that is not included in the applicable market rate.

 

• You authorize us to charge all applicable sums for the purchases that you make through the Service including all applicable taxes (e.g., goods and services tax, sales tax, value added tax, etc.), to the payment method specified in your account or that you otherwise indicate when you submit such purchase order to us (the “Applicable Payment Method”).

 

•  You are subject to any version of our cancellation policy posted on our websites and effective at the time your purchase was completed. For all monthly subscription-based purchases, Company may, in its sole discretion, provide a refund for the most recent month if you notify Company within two (2) days of the monthly renewal date that you would like to cancel the subscription. In the event the cancellation policy posted on our websites contradicts with this Agreement, the cancellation policy on the website shall control. YOU ACKNOWLEDGE AND AGREE THAT IF YOU REQUEST OR COMPLETE A PURCHASE THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD-PARTY POLICIES BEFORE SUBMITTING YOUR PURCHASE REQUEST AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION PERIOD. 

 

• Unpaid Accounts. We may suspend or terminate your access to the Service if any amount associated with your account is due but unpaid. In addition, an unpaid account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

 

6.  No Co-Branding Or Framing. You may not use or authorize any party to co-brand or frame any Company Service without the express prior written permission of an authorized representative of Company in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Service or content accessible within this Service. For purposes of these Terms of Use, "framing" refers to displaying any Company webpage or mobile application page within a bordered area of another website, regardless of whether the address of the originating Company Service is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Company.

 

7.  No Unlawful Access. You agree that you will not use Company's Service in any manner that could in any way disable, overburden, damage, or impair the Service, or otherwise interfere with any other party's use and enjoyment of the Service. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Service. You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Service. You also acknowledge and agree that your use of the internet and access to the Service is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Service over the internet or other form of global communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from the Service.

 

8.  Personal and Non-Commercial Use Limitation. Company's Service is for your personal and non-commercial use, unless otherwise specified in writing. You may not use any Company Service for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Company in each instance, which permission will be at Company’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Company's Service, in whole or in part.

 

 

 

• Limited License to the Service. Subject to your complete and ongoing compliance with this Agreement, we grant you, solely for your personal and non-commercial use (except as expressly provided in this Section 9.1), a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service. Notwithstanding the foregoing, you may use the Service for non-personal and/or commercial use only if you are an organization and only in furtherance of an otherwise applicable agreement for or on behalf of your organization’s employees, your organization’s students, and/or a third party (“Limited Commercial Use”), provided that: (i) you enter into a separate written agreement with us that provides additional terms and conditions governing this Limited Commercial Use (“Commercial Agreement”) and such use shall be subject to the terms and conditions of this Agreement and the Commercial Agreement; (ii) you require each employee, student, and/or third party to agree in writing to be bound by this Agreement; and (iii) you remain responsible and liable for all acts and omissions of each such employee, student, and/or third party to the same extent as if such acts and omissions had been undertaken by you.

 

• Feedback License To Us. If you choose to provide suggestions or any other input regarding problems with, proposed modifications or improvements to, or any other aspect of the Service (“Feedback”), then you hereby grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the Feedback in any manner and for any purpose with no obligation or accounting to you, including to improve the Service and create other products and services.

 

10.  Prohibited Conduct. In connection with your use of the Service, you may not, and you agree that you will not (except and solely to the extent such restriction is impermissible under applicable law), participate in any actions prohibited in section 10.1 below.

 

• Usage Restrictions. You agree not to use the Service for any commercial or other purpose that is not expressly permitted under this Agreement (for the avoidance of doubt, you may not resell or transfer to any other individual or organization any purchase you make through the Service, except as expressly permitted under a Commercial Agreement between you and us). You agree not to register for more than one Company account or register for a Company account on behalf of an individual other than yourself, except as expressly permitted under a Commercial Agreement between you and us.

 

11.  Proprietary Information. All content found on the Company Service (the "Content") is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content contained on any Company Service shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, reverse engineer, reverse assemble, otherwise attempt to discover the source code, create derivative works of, transfer or sell any information, software, product or services obtained through the Service, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that you may print out and/or save one copy of the Content for your personal use only.

 

12.    You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Company through the Service (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.

 

13.    This Service may be hyperlinked to and by other websites or mobile applications which are not maintained by or related to Company. Hyperlinks to such websites or mobile applications are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with the Service or Company. Company has not reviewed any or all of such websites or mobile applications and is not responsible for the content of any linking websites, and any links made directly from a Company Service to another web page should be accessed at the User's own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website or mobile applications, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Service.

 

14.  Use of Communication Services. Company’s Service may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Users are required to treat others with respect. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Service, or cause to be posted, sent, submitted, published or transmitted, any material that:
    • You do not have the right to post, including without limitation personal information, pictures, videos or any other media of another person without their express permission, and any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
    • Advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
    • Is vulgar, obscene, pornographic, incendiary, or indecent;
    • Threatens or abuses others;
    • Is libelous or defamatory towards others;
    • Is racist, bigoted, hateful, abusive, harassing, threatening or offensive;
    • Seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
    • Harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
    • Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
    • Falsifies or deletes 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 permissibly uploaded (e.g., copyright, trademark or patent notices);
    • Advertises any commercial endeavor (e.g., offering for sale products or services), solicits funds, advertisers or sponsors for any purpose, or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Service;
    • Violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
    • Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
    • Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Service;
    • Amounts to a pyramid or other like scheme, including without limitation spam, junk mail, contests, chain letters, and surveys;
    • Disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Service and/or any networks connected to this Service;
    • Registers, subscribes, or unsubscribes any party for any Company product or service if you are not expressly authorized by such party to do so;
    • Deletes or revises any material posted by any other person or entity; or
    • Contains hyperlinks to other websites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.

You acknowledge that the Service may or may not pre-screen materials uploaded to the Communication Service, yet the Service and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Service in its sole discretion.

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that Company will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.

WHILE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK, AND THAT COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, COMPANY CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

 

15.  Term, Right to Terminate Access, and Modification of the Service. This Agreement is effective when you accept it, or otherwise access or use the Service. Company reserves the right to monitor use of the Service to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. You may terminate your account and this Agreement at any time by contacting Company at [email protected], and requesting that your account be deleted. Upon termination of this Agreement, all licenses given to you automatically terminate and you must immediately cease your use of the Service and you must pay us any unpaid amounts due and payment obligations accrued prior to termination. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

 

16.  Disclosure Under Law. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
    
17.  Personally Identifiable Information. Company cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through the Service in accordance with the terms outlined in its Privacy Policy at https://daniellemcrd.mykajabi.com/privacy-policy as well as in conformance with all applicable laws, rules, and regulations. BY ACCESSING THE SERVICE, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.

 

18.  Commercial Transactions. Certain products or services may be offered for sale on the Service or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Company or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Company with your credit card number and associated payment information, you agree that Company and/or our third-party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. If Company conducts a sweepstake, contest, or game on the Service, the rules governing any of the foregoing shall be accessible on the Service. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

 

19.  Disclaimer & Limitations of Liability. You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Company Service will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s), mobile device(s), or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s), mobile device(s), and network(s), and that you will maintain adequate means of backup of your personal data, external to this Service. Company further disclaims any responsibility to ensure that the Content located on its Service is necessarily complete and up-to-date.

YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE CONTENT, SERVICE, AND ALL MATERIALS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT, SERVICE OR MATERIALS AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. WE DO NOT MAKE ANY WARRANTY REGARDING THE QUALITY OF ANY ASPECT OF THE SERVICE OR MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE.

YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY.

YOU UNDERSTAND AND AGREE THAT COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR INJURY OR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.

YOU UNDERSTAND AND AGREE THAT MUCH OF THE SUCCESS OF THE SERVICES WILL DEPEND ON YOUR OWN EFFORTS AND THAT THERE ARE NO GUARANTEES THAT THE SERVICES WILL BE SUCCESSFUL.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

 

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 

20.    YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SERVICE.

 

21.  Trademarks and Copyrights. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Service are the property of Company or the party that provided the Intellectual Property to Company. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this Service and do not transfer at any time to user and/or any other third party.

 

22.  Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company all of the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following:

— An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

— A description of the copyrighted work that you claim has been infringed upon;

— A description of where the material that you claim is infringing is located on the Service, including the current website address;

— Your address, telephone number, and e-mail address;

— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law; and

— A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

23.    If the Service requires you to open an account, you must complete the registration process by providing Company with current, complete and accurate information, as prompted by the applicable form. Any passwords used for this Service are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

24.    If there is any dispute about or involving these Terms of Use, the Service, and/or any Communications Services, you agree that any dispute shall be governed by the laws of the State of Texas, notwithstanding any principles of conflicts of law. If for any reason a Dispute (defined below) proceeds in court, you specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Harris County, Texas/Southern District of Texas in connection with any dispute between you and Company arising out of or involving this Agreement, the Service and/or any Communications Services. You agree to waive any right to a trial by jury. You and Company agree that the Federal Arbitration Act, the relevant rules, applicable federal law, and the laws of the State of Texas, without regard to principles of conflicts of law, will govern this agreement for dispute resolution under Section 24, and any Disputes.

 

• Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Company and/or its affiliates, members, officers, directors, and employees arising out of, relating in any way to, or in connection with the Terms of Use, the Service or your use of the Service, your personal information, or any other matter arising between you and Company or any of its affiliates, or its subsidiaries (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. The provisions of this Section 24 shall constitute your and Company’s written agreement to arbitrate Disputes under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association and conducted before a single arbitrator pursuant to its rules. The arbitrator will apply and by bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.

 

• No Class Action Matters. We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

 

25.  Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Boulevard, Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service, or to receive further information regarding use of the Service.

 

26.  International Use. The Service are intended for users located within the United States. We make no representation that the Service is appropriate or available for use outside of these countries or territories. Access to the Service from or in countries or territories or by individuals where or for whom such access is illegal is prohibited.

 

27.  Miscellaneous
    • If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

• You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of Company’s Services.

 

• These Terms of Use, including, without limitation other terms incorporated by reference, constitute the entire agreement between you and Company relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to Company’s Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Service or any of its Services. Company may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Service after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.

 

• The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of Company.

 

• The section titles in the Agreement are for convenience only and have no legal or contractual effect.

 

Please report any violations of this Agreement to Company at [email protected], or by mail to:

 

9110 N Loop 1604 W

Suite 104 PMB 1159

San Antonio, TX 78249-3397

 

If you have any questions regarding this Agreement, please contact us at [email protected].