Terms of Use
BY VISITING OR SUBSCRIBING TO OUR WEBSITES YOU AGREE TO VIEW
PRODUCTS AND CONTENT PRESENT ON OUR WEBSITES, RECEIVE PROMOTIONAL EMAILS OR ANY
OTHER FORMS OF ADVERTISING LIKE EMAILS, ADS OR ANY OTHER FORM OF
CONTENT/COMMERCIALS FROM US AND OUR PARTNERS. YOU MAY NOT SUBSCRIBE OR VISIT
THE WEBSITES OR CHECK THE WEBSITES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B)
ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED
FROM ACCESSING OR USING THIS WEBSITES OR ANY OF THIS WEBSITE’S CONTENTS BY
APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to
all our websites. These Terms are subject to change by us (referred to as
“us,” “we,” or “our” as the context may require)
without prior written notice at any time, in our sole discretion. The latest
version of these Terms will be posted on this Site, and you should review these
Terms before viewing, subscribing and/or purchasing any products that are
available or presented in our content, our newsletter or on our ads. Your
continued use of this site after a posted change in these Terms will constitute
your acceptance of and agreement to such changes. We will not notify our
users/visitors/subscribers by any changes; the changes will be available
anytime on our websites.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THE SITE AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF
ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT
MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
BY PLACING AN ORDER YOU ACCEPT AND ARE BOUND BY THE TERMS OF
SALE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS PRESENTED IN OUR CONTENT/NEWSLETTER/ADS/ETC.
IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A
BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS
WEBSITES OR ANY OF THIS WEBSITES’ CONTENTS BY APPLICABLE LAW.
BY ORDERING A PRODUCT FROM OR VIA OUR WEBSITES OR FROM ONE OF
OUR ADVERTISING/MARKETING SYSTEMS OR FROM ONE OF OUR PLATFORMS OR PARTNERS VIA
ANY COMMUNICATION CHANNEL/PLATFORM, YOU AGREE TO READ AND CHECK THE TERMS AND
CONDITIONS OF THE PRODUCT OF THE SELLER. ANY DISPUTES OR LEGAL ACTIONS
REGARDING A PRODUCT ARE PLACED IN THE RESPONSIBILITY OF YOU AND THE SELLER WE
WILL NOT HOLD ANY RESPONSIBILITY OR BE INVOLVED IN A LEGAL ACTION.
IF YOU ARE ORDERING HEALTH PRODUCTS FROM ANY OF OUR
PROMOTIONAL CHANNELS (ANY PRODUCT WE ADVERTISE FOR OUR PARTNERS) YOU SHOULD
READ THE LABEL, THE TERMS, CONDITIONS OF USAGE OF THE SELLER AND THEIR POLICES.
YOU SHOULD CONSULT A DOCTOR, PHARMACIST OR PHYSICIAN PRIOR OF
ORDERING. IF YOU HAVE ANY SYMPTOMS OR DISTRESS CAUSED BY A PRODUCT, CONSULT A
PHYSICIAN RIGHT AWAY. ANY DISPUTES OR LEGAL ACTIONS ARE IN THE
MANUFACTURER/SELLER/PARTNER RESPONSIBILITY, WE WILL NOT BE RESPONSIBLE FOR ANY
DISTRESS, DISCOMFORT, SYMPTOMS OR ANY LEGAL ACTIONS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR
MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR
THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR
BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT
COMPANIES OR PARTNERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE
LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED
WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF
THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITES ARE CONTINUALLY UNDER DEVELOPMENT AND WE DO NOT
MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON
THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS
DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION
AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE,
DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR
HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE
PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH
RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY
HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS
SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY
SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF
MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF
MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY,
PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS,
PROGNOSIS OR ADVICE.
UNDER NO CIRCUMSTANCES WILL BE RESPONSIBLE FOR THE PRODUCTS
THAT YOU HAVE PURCHASED THROUGH THE SITE OR FROM ANY COMMUNICATION CHANNELS,
NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK,
DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE, OR PROFIT, ANY DIMINUTION
IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, PROCESSING OR DELIVERY
DELAYS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR
LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
These terms and conditions (these “Terms”) apply to
any purchase and/or sale of products from affiliate marketing platforms like
Buygoods, Clickbank, Digistore, Maxweb, W4, etc.
By promoting products in any way on the websites, we receive a
commission from the seller that is paid by the seller or the selling
platform.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT
USE/ACCESS OUR WEBSITES.
IF YOU ARE RECEIVING EMAILS FROM ONE OF OUR WEBSITES, IT MEANS
THAT YOU SUBSCRIBED ON ONE OF OUR WEBSITES AND AGREED TO RECEIVE PROMOTIONAL
CONTENT.
IF YOU WANT TO NO LONGER RECEIVE EMAILS FROM US, YOU CAN USE
THE UNSUBSCRIBE OPTION. THE UNSUBSCRIBE BUTTON IS AVAILABLE IN THE EMAIL. IF
THE EMAIL LANDED ON SPAM/JUNK AND THE LINKS ARE NOT CLICKABLE-MOVE IT TO INBOX
AND THEN CLICK UNSUBSCRIBE.
IF YOU CANNOT UNSUBSCRIBE, PLEASE WRITE US AT [email protected]
AND WE WILL REMOVE YOU FROM OUR WEBSITE.
Section 1
Effective as of November 1, 2018, dailywellnesspaths.com
(“Our website”) and its subsidiaries, (collectively, the “all website groups”
“all websites” “our website” “our websites” or “we” or “us” or “our”) have
updated terms that apply to the use of our websites (as herein defined). For
the purposes of these Terms of Use, the term, “Websites”, shall refer
collectively to dailywellnesspaths.com as well as any other websites
that the we operate.
We provide the websites to you subject to these Terms of Use
(“Terms”), which may be updated by us from time to time pursuant to Section 1
herein. By accessing and using the websites, you accept and agree to be bound
by these Terms, Our website’s Privacy Policy and Our website’s Cookie Policy.
- Changes to Terms. These Terms, or any part thereof, may be modified by us, including the
addition or removal of terms at any time, and such modifications, additions or
deletions will be effective immediately upon posting. Your use of the Websites
after such posting shall be deemed to constitute acceptance by you of such
modifications, additions or deletions. - Changes to Websites. We may change or discontinue any aspect, service or feature of the
Websites at any time, including, but not limited to, domain, hosting, branding
content, availability, appearance, technology in use and features and equipment
needed for access or use. By this we do not need to notify our subscribers by
any change. - Registration. You
may be given the opportunity to register via an online registration form or by
participating in Interactive Areas (as defined below), such as forums and other
community features, to create a user account (“Your Account”) that may allow
you to receive information from us and/or to participate in certain features on
the Websites. We will use the information you provide in accordance with the
Privacy Policy. By registering you represent and warrant that all information
that you provide is current, complete and accurate to the best of your
knowledge. You agree to maintain and promptly update your information on the
Websites so that it remains current, complete and accurate. You are responsible
for obtaining and maintaining all connectivity, computer software, hardware and
other equipment needed for access to and use of the Websites and all charges
related to the same. - User Content Guidelines. The following terms apply to content submitted by you:
4.1 The Websites
may contain comments sections, discussion forums, or other interactive features
(“Interactive Areas”) in which you may post or upload user-generated content,
comments, video, photos, messages, other materials or items (collectively,
“User Content”). You are solely responsible for your use of any Interactive
Areas and you use them at your own risk. Interactive Areas are available for
individuals aged 13 years or older. By submitting User Content to an
Interactive Area, you represent that you are 13 years of age or older and, if
you are under the age of 18, you either are an emancipated minor or have
obtained the legal consent of your parent or legal guardian to enter into these
Terms, submit content, and participate on the Websites.
4.2 By submitting
any User Content or participating in an Interactive Area within or in
connection with the Websites, you agree that you will not upload, post or
otherwise transmit any User Content that (a) violates or infringes in any way
upon the rights of others, including any statements which may defame, harass,
stalk or threaten others; (b) you know to be false, misleading or inaccurate;
(c) contains blatant expressions of bigotry, racism, racially or ethnically
offensive content, hate speech, abusiveness, vulgarity or profanity; (d)
contains or advocates pornography or sexually explicit content, pedophilia,
incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law
or advocates or provides instruction on dangerous, illegal, or predatory acts,
or discusses illegal activities with the intent to commit them; (f) advocates
violent behavior; (g) poses a reasonable threat to personal or public safety;
(h) contains violent images of killing or physical abuse that appear to have
been captured solely, or principally, for exploitative, prurient, or gratuitous
purposes; (i) is protected by copyright, trademark, trade secret, right of
publicity or other proprietary right without the express permission of the
owner of such copyright, trademark, trade secret, right of publicity or other
proprietary right. The burden of determining that any User Content is not
protected by copyright, trademark, trade secret, right of publicity or other proprietary
right rests with you. You shall be solely liable for any damage resulting from
any infringement of copyrights, trademarks, trade secrets, rights of publicity
or other proprietary rights or any other harm resulting from such a submission.
Any person determined by Our website, in its sole discretion, to have violated
the intellectual property or other rights of others shall be barred from
submitting or posting any further material on the Websites; (j) does not
generally pertain to the designated topic or theme of any Interactive Area; (k)
contains any unsolicited or unauthorized advertising or promotional materials
with respect to products or services, “junk mail”, “spam”, “chain letters”,
“pyramid schemes”, or any other form of solicitation; or (l) uses the name or
likeness of an identifiable natural person without such person’s consent. The
burden of determining that any User Content is not protected by copyright,
trademark, trade secret, right of publicity or other proprietary right rests
with you. You shall be solely liable for any damage resulting from any
infringement of copyrights, trademarks, trade secrets, rights of publicity or
other proprietary rights or any other harm resulting from such a submission.
Any person determined by our websites, in its sole discretion, to have violated
the intellectual property or other rights of others shall be barred from
submitting or posting any further material on the Websites.
4.3 You agree not
to represent or suggest, directly or indirectly, our websites endorsement of
User Content.
4.4 You agree not
to upload, post or otherwise transmit any User Content, software or other
materials which contain a virus or other harmful or disruptive component.
4.5 You agree not
to use any service, technology or automated system to artificially inflate the
page views that your User Content receives. This includes pay-per-click
services, web “robots” and any other current or future technologies. You also
agree not to direct any third party to use these services, technologies or
automated systems on your behalf.
4.6 You agree not
to use any technology, service or automated system to post more User Content
than an individual could upload in a given period of time. You also agree not
to direct any third party to use these services, technologies or automated
systems on your behalf.
4.7 Any conduct
that we, in our sole discretion, believe restricts or inhibits anyone else from
using or enjoying the Websites will not be permitted. We reserve the right, in
our sole discretion, to remove or edit User Content submitted by you.
4.8 We are not
responsible for the accuracy or credibility of any Content, and do not take any
responsibility or assume any liability for any actions you may take as a result
of reading Content posted on the Websites. Through your use of Interactive
Areas, you may be exposed to content that you may find offensive,
objectionable, harmful, inaccurate or deceptive. There may also be risks of
dealing with underage persons, people acting under false pretense,
international trade issues and foreign nationals. By using Interactive Areas,
you assume all associated risks.
4.9 We have the
right, but not the obligation, to monitor Content posted or uploaded to the
Websites to determine compliance with these Terms and any operating rules
established by us and to satisfy any law, regulation or authorized government
request. Although we have no obligation to monitor, screen, edit or remove any
of the Content posted or uploaded to the websites, we reserve the right, and
have absolute discretion, to screen, edit, refuse to post or remove without
notice any User Content posted or uploaded to the Websites at any time and for
any reason, and you are solely responsible for creating backup copies of and
replacing any Content posted to the websites at your sole cost and expense. The
decision by our websites to monitor and/or modify Content does not constitute
nor shall it be deemed to constitute any responsibility or liability in any
manner on our part in connection with or arising from your use of Interactive
Areas on the Websites.
4.10 By submitting Content to the Websites, you
automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive,
worldwide right and license to use, publish, reproduce, modify, adapt, edit,
translate, create derivative works from, incorporate into other works,
distribute, sub-license (through multiple tiers) and otherwise exploit such
Content (in whole or in part) in any form, media or technology now known or
hereafter developed, without payment to you or to any third parties.
Additionally, to the fullest extent permitted under applicable law, you waive
your moral rights in the Content and agree not to assert such rights against
us. You represent and warrant to us that you have the full legal right, power
and authority to grant to us the license provided for herein, that you own or
control the complete exhibition and other rights to the User Content you
submitted for the purposes contemplated in this license and that neither the
User Content nor the exercise of the rights granted herein shall violate these
Terms, or infringe upon any rights, including the right of privacy or right of
publicity, or constitute a libel or slander against, or violate any common law
or any other right of, or cause injury to, any person or entity. You further
grant to us the right, but not the obligation, to pursue at law any person or
entity that violates your or our rights in the User Content by a breach of
these Terms.
- User Conduct Guidelines. The following terms apply to your conduct when accessing or using the
Websites: (a) you agree not to interfere with or disrupt the websites or the
servers or networks connected to the Websites, or disobey any requirements,
procedures, policies or regulations of networks connected to the Websites; (b)
you agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purpose, any portion of the Websites, use of the Websites, or access
to the Websites; (c) you agree not to engage in any activity that would
constitute a criminal offense or give rise to a civil liability; (d) you agree
not to impersonate any person or entity, including, but not limited to, or
falsely state or otherwise misrepresent your affiliation with any person or
entity; and (e) you agree not to interfere with any other user’s right to
privacy, including by harvesting or collecting personally-identifiable
information about users of the websites or posting private information about a
third party. - Intellectual Property Rights. All text, graphics, photographs, trademarks, logos, icons, user interfaces,
sounds, music, videos, artwork, software and computer code (collectively,
“Content”), including but not limited to the “look and feel”, layout, design,
structure, color scheme, selection, combination and arrangement of the Content
present on the Websites is owned by or licensed to us. Such Content is
protected by copyright, trademark, trade dress and various other intellectual
property and unfair competition laws.
Except with our express prior written permission or as
permitted by applicable laws, you may not copy, distribute, reproduce, mirror,
frame, publicly display, publicly perform, translate, create derivative works
of, re-publish or transmit the Websites or Content (in whole or in part) in any
way or through any medium for distribution, publication or any commercial
purpose.
You may display, copy and download Content from the websites
solely for your personal and non-commercial use provided that: (a) you do not
remove any copyright or proprietary notice from the Content; (b) such Content
will not be copied or posted on any networked computer or published in any
medium; and (c) no modifications are made to such Content.
- Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITES IS AT
YOUR SOLE RISK. OUR WEBSITES, IT’S OTHER AFFILIATES AND PARTNERS NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY
SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE WEBSITES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH THE WEBSITES.
(B) THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THESE TERMS.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO
EVENT SHALL YOU, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU
FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE
GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR
DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY,
AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY
RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES.
YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER
SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR
FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH
LIABILITY IS CLAIMED AND EVEN IF THE ADVANCEDHEALTHREPORTS.
COMER FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT OUR WEBSITE OR ANY FUTURE
PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY
OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE
LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY
TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) We disclaim any and all liability of any kind for any
unauthorized access to or use of your personally identifiable information. By
accessing the websites, you acknowledge and agree to our disclaimer of any such
liability. If you do not agree, you should not access or use the Websites.
- Indemnification. You agree to defend, indemnify and hold harmless to our websites, its
affiliates or partners and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys’ fees,
arising out of the use of the Websites by you. Our website’s reserve the right
to take over the exclusive defense of any claim for which we are entitled to
indemnification under this section. In such event, you shall provide us such a
cooperation as is reasonably requested by us. - Termination. We
may terminate or suspend these Terms at any time without notice to you. Without
limiting the foregoing, we shall have the right to immediately terminate your
access to the Websites in the event of any conduct by you which we, in our sole
discretion, consider to be unacceptable, or in the event of any breach by you
of these Terms. The provisions of Sections 2, and 5-12 shall survive
termination of these Terms. - Governing Law. The content, data, video, and all
other material and features on the websites are presented for the purpose of
providing, news and/or information and/or promoting programs including
affiliate or marketing programs, films, music, games, and other products and/or
services that are or may become available in the United States, Canada,
Australia, New Zealand and/or any other countries.
Any and all disputes, claims and controversies arising out of
or in connection with your access to, and/or use of our websites, and/or the provision
of content, services, and/or technology on or through the websites shall be
governed by and construed exclusively in accordance with the laws and decisions
of our jurisdiction applicable to contracts made, entered into and performed
entirely therein, without giving effect to its conflict of law’s provisions. If
Please report any violations of these Terms to the [email protected]
- Copyrights and Copyright Agent. We respect others’ intellectual property rights, and expect our users
and customers to do the same. If you believe that your work has been copied on
our websites in a way that constitutes copyright infringement, please contact
us. We reserve the right to terminate access to the websites for users or
customers who post material that infringes the intellectual property rights of
others. - Miscellaneous. These
Terms and any operating rules for our websites established by us constitute the
entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with
respect to such subject matter. The provisions of these Terms are for the
benefit of the websites, its affiliates and its third-party providers and
licensors and each shall have the right to assert and enforce such provisions
directly or on its own behalf. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. If any part of these Terms is found by a court of competent
jurisdiction to be invalid or unenforceable, it will be replaced with language
reflecting the original purpose in a valid and enforceable manner. The enforceable
sections of these Terms will remain binding upon the parties. The section
headings used herein are for convenience only and shall not be given any legal
import.
13: Affiliate Platforms that we use in our promotional
campaigns:
Buygoods.com,
Clicbank.com, Maxweb.com, W4.com, Digistore.com, etc.
The following country-specific terms may be applicable to Your
use of the Service. During the Subscription Term, we may update these
Region-Specific Terms without notice as legal requirements evolve and as We deem
reasonably necessary.
Australia:
Notwithstanding anything to the contrary in this Agreement, any applicable
rights You may have under Australian Consumer Law continue to apply in full
force. This includes, but is not limited to, Sections 3.3, 3.5, 4.3, 11, 12.1,
and 13 of this Agreement. “Australian Consumer Law” in this section means the
Australian Consumer Law under Schedule 2 of the Competition and Consumer Act
2010 (Cth).
Where You are established in Australia, the definition of
Applicable Data Protection Law in this Agreement shall include the Australian
Privacy Act 1988 (Commonwealth) and the Australian Privacy Principles with
respect to such use of the Services in Australia.
You agree that You are responsible for the data collected,
stored, used and/or processed by our websites and/or our affiliate partners, as
described in this Agreement, is collected, stored, used and/or processed in
compliance with the Australian Privacy Act 1988 (Commonwealth) and the
Australian Privacy Principles. If you are dissatisfied with our handling of a
complaint or do not agree with the resolution proposed by us, they may make a
complaint to the Office of the Australian Information Commissioner (OAIC) by
contacting the OAIC using the methods listed on their website at http://www.oaic.gov.au.
Alternatively, they may request that We pass on the details of their complaint
to the OAIC directly.
In respect of disclosures or transfers of Service Data to a
country outside Australia, our websites have ensured that the recipient of the
Data (and any onward third-party recipients) will comply with obligations that
are substantively similar and at least as strict as, if not stricter than,
those required by the Australian Privacy Principles and the Privacy Act in
respect of any Processing of Personal Data.
Canada:
You agree that You are responsible for any information collected by our
websites and affiliate partners and/or our affiliate partners or services (as
the term is defined in the Personal Information Protection and Electronic Documents
Act of Canada (PIPEDA) will be collected, stored, used and/or processed by our
website in compliance with obligations under PIPEDA.
Where You are established in Canada or where Your Agents and
End Users access the Services in Canada, the definition of Applicable Data
Protection Law in this Agreement shall include PIPEDA with respect to such use
of the Services in Canada.
Japan:
Where You are
established in Japan the definition of Applicable Data Protection Law in this
Agreement shall include the Act on the Protection of Personal Information
(Japan) with respect to such use of the Services in Japan.
New Zealand:
You agree that you are responsible for visiting our website and for the data
collected, stored, used and/or processed by our website, as described in this
Agreement, is collected, stored, used and/or processed in compliance with the
New Zealand’s Privacy Act (2020) and its 13 Information Privacy Principles (NZ
IPPs)
United Kingdom:
Where You are established in the United Kingdom the definition of Applicable
Data Protection Law in this Agreement shall include the Data Processing Act
2018 with respect to such use of the Services in the United Kingdom.
Switzerland:
Where You are established in Switzerland, the definition of Applicable Data
Protection Law in this Agreement shall include the Swiss Federal Act of 19 June
1992 on Data Protection with respect to such use of the Services in
Switzerland.
California, United States:
You agree that You are responsible the data collected, stored, used and/or
processed by our websites and affiliate platforms, as described in this
Agreement, is collected, stored, used, and/or processed in compliance with the
California Consumer Privacy Act (CCPA), as amended, and any regulations made
under it and (ii) obtaining consent from End-Users where it is required under
the foregoing.
- English Version Controls
Non-English translations of this Policy are provided for
convenience only. In the event of any ambiguity or conflict between
translations, the English version is authoritative and controls.
These Terms were last updated on November 1, 2021.