Effective Date: April 11, 2018
Copyright and License
Copyright covers most of the contents of the site, including, without limitation, the design, source code, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof, are the property of Company, ALL RIGHTS RESERVED Copyright © 2018 David Vanacore Productions, Inc. and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, and print the Content information published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein. The foregoing license grant does NOT include the right for you to:
- Publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content.
- Sell, market, distribute, or make commercial use of the Site or any Content.
- Use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page).
- Collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.
Trademarks and Service Marks
The name Seizing Kelsey™ and all of the other names and logos used on the Site to identify our blogs, products, product features, merchandise or services, are all trademarks of Company (or, in a few cases, our suppliers or business partners). All slogans and our logos on this Site are either trademarks, service marks, or registered trademarks of Company or its suppliers and licensors and are the property of Company. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any Metatags or any other “hidden text” utilizing Company or any other name, trademark, or product name of Company without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Use of Site Information and Products
The Content and products on this Site, including any information that may be contained in or on a product’s packaging or label, are not a substitute for advice from a physician or health care professional, or for legal advice from an attorney. Users should not use the information on this Site for diagnosis or treatment of any health problem.
You acknowledge that the use of the Content contained in this Site requires judgment and analysis, and you hereby warrant and represent to Company that you retain the necessary judgment to use the Content and the products in a reasonable manner.
You must be 18 years of age (or the age of majority in your state) to purchase Company’s products or merchandise. Company reserves the right to modify, suspend, or terminate any and all promotions, offers, prices, or sales due to circumstances that may limit or otherwise restrict Company’s ability to fulfill an order including, but not limited to: (i) technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind; and (ii) any human error that may occur regarding promotions, offers, or sales.
Use of Material Submitted to Company (User Generated Content, “UGC”)
In the event that Company provides for, or otherwise permits, users to submit UGC to the Site or to Company’s social media platforms, you will retain your ownership interest in all UGC or files provided by you to Company via social media postings, forums, uploads, postings, and/or by email, mobile apps, text messaging, mail, or otherwise, including any text, photos, artwork, videos, audio clips, comments, questions, suggestions, thoughts, or the like (collectively, the “Material”), and in any ideas, concepts, knowledge, or techniques (“Information”) contained in the Material. You hereby grant Company and its agents, affiliates, successors and assigns, a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit all submitted Material in any manner and for any purposes on the Site and Company’s social media platforms. All such Material and Information is, and will be treated as, non-confidential and non-proprietary. Company retains the right to edit all submitted Material in any manner and for any purpose, but is under no obligation to do so. Company may not be able to review all Material submitted and nothing herein requires Company to use, review or distribute Material provided by a user. You represent and warrant that prior to submission, you own the Material and Information submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said Material and/or Information on the Site does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. Company reserves the right to use the Material and Information for any purpose, including, but not limited to, posting, reproduction, disclosure, distribution, transmission, publication, and broadcast. Nothing herein requires Company to use, review or distribute the aforementioned Material and Information provided by a user. Company reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Material or Information that users provide, for any purpose, including, but not limited to, developing, manufacturing and marketing products or services using such information, and the user understands there shall be no consideration, royalties or other compensation from Company, its agents, affiliates or assigns for use of said Material or Information. Further, by providing Material and/or Information to the Site, each user and his/her respective heirs, hereby indemnify, discharge, release, and hold Company, together with its parent, subsidiaries, affiliates, successors and assigns, and the respective directors, officers, members, managers, shareholders, employees, attorneys, accountants, business managers, agents and representatives of each of the foregoing (collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Material and/or Information.
Use of Medical Information Submitted to Company
To the extent any user submits to the Site any medical records, medical files and/or medical information (“Medical Information”), users shall do so only if such submission is in compliance with all applicable laws, rules and regulations, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and does not violate the privacy rights or any other rights of any person or entity. By submitting Medical Information to the Site, such user agrees that Company shall have the right to use the Medical Information for any purpose, including, but not limited to, posting, reproduction, disclosure, distribution, transmission, publication and broadcast. In such instance, such user, on behalf of such user and such user’s spouse, family members, heirs, beneficiaries, estates, executors, agents, representatives, successors and assigns,forever releases and discharges absolutely Company and the Released Partiesof and from any and all obligations, losses, damages, agreements, liabilities, demands, costs, expenses, claims and causes of action, whether direct or indirect, known or unknown, suspected or unsuspected, matured or unmatured, of any kind or nature whatsoever, at law or in equity, in any way arising from, concerning or pertaining to any and all matters involving the Medical Information.
Third Party Links
Company may provide links to websites and other content of third parties as a service to those interested in this information. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.
THIS SITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT OR GOODS PURCHASED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL, INCLUDING ANY SUCH ERRORS OR OMISSIONS RELATING TO PROMOTIONS, OFFERS, OR SALES ON THE SITE. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.
Limitation of Liability
IN NO EVENT SHALL COMPANY OR THE RELEASED PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE, EVEN IF COMPANY AND THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE COMPANY’S AND THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE SITE.
In using this Site and/or purchasing Company’s Products, users expressly waive any and all claims that they may have against Company and the Released Parties. You agree to indemnify, defend, and hold Company and the Released Parties, together with their respective licensors and suppliers, harmless from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, resulting from any violation of these Terms, any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account, or any use or exploitation of Material, Information and Medical Information. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.
The parties agree that the substantive law governing the Terms, including any claim, dispute, or controversy arising between Company and you hereunder (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims), shall be the laws of the State of California, without giving effect to any conflict of law provisions thereof.
Users agree thatall claims, disputes or controversies shall be resolved by final and binding arbitration in Los Angeles, California. You and Company are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”), and conducted by the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling AAA at 800-778-7879 or by visiting www.adr.org.
- Before commencing any arbitration proceedings, you must first present the claim or dispute to David Vanacore Productions, Inc. at firstname.lastname@example.org allowing David Vanacore Productions, Inc. the opportunity to resolve the claim or dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the Terms.
- The arbitration of any claim or dispute shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling AAA at 800-778-7879 or by visiting its web site at www.adr.org.
- The arbitration of any claim or dispute shall be conducted by one arbitrator who is independent and impartial.
- The exchange of information and timing of the arbitration shall be supervised by the arbitrator and shall be in accordance with procedures provided by the arbitrator.
- The arbitration of any claim or dispute and the resolution or settlement thereof shall be confidential and shall not be disclosed by the parties to any third parties other than their respective professional representatives.
- Each party shall have the right, at their own expense, to be represented by an attorney (or other spokesperson if permitted by law) of their own choosing.
- All administrative expenses of arbitration proceedings commenced under this Agreement shall be divided equally between you and David Vanacore Productions, Inc., except that: (a) if the claim or dispute that is the subject of the arbitration proceedings is less than ten thousand dollars (US $10,000), you will be responsible for no more than one hundred twenty-five dollars (US $125) in administrative expenses; (b) if the claim or dispute that is the subject of the arbitration proceedings is more than ten thousand dollars (US $10,000) but less than seventy-five thousand dollars (US $75,000), you will be responsible for no more than three hundred seventy-five dollars (US $375) in administrative expenses; and (c) if the claim or dispute that is the subject of the arbitration proceedings is more than seventy-five thousand dollars (US $75,000) or non-monetary, then you will be responsible for administrative expenses in accordance with the Commercial Fee Schedule provided by the AAA. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses.
NEITHER USER NOR COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS.
Further, in any such dispute, under no circumstances will users be permitted to obtain awards for, and they hereby waive all rights to claim, punitive, incidental or consequential damages (including reasonable attorneys’ fees and costs), other than actual out-of-pocket expenses, and they further waive all rights to have damages multiplied or increased. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.
You may opt out of the Arbitration Provision.
You acknowledge and understand that this opt out provision is only effective in the event you notify Company in writing at email@example.com 30 calendar days from the date of first use of the Site.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.
Digital Millennium Copyright Act
Company provides the Site as an interactive service provider and is not liable for any and all claims resulting from the use of Material or Information. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized Material or Information has been posted on this Site, please notify us by mail at [ADDRESS] attention Copyright Department, or by email at firstname.lastname@example.org the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) a detailed description of the alleged infringement; (ii) the copyright owner’s name or who otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”