Terms & Conditions
Effective March 7, 2019
TERMS AND CONDITIONS
The Sweet and Focused Life grants you to visit the website in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend, or discontinue any aspect of the website at any time, including the availability of any feature or content.
2. YOUR CONTENT
We may provide the opportunity for you to provide content or materials (“Your Content”) including by commenting on blog posts, by communicating with us directly or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information.
3. YOUR CONDUCT
You agree that you will not:
(i) visit the Site in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;(b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide services; or (h) would otherwise be reasonably deemed objectionable under the circumstances;
(ii) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
(iii) violate or attempt to violate the security of the Site;
(iv) reverse engineer, decompile or disassemble any portion of the Site;
(v) “scrape” information from the Site by automated means;
(vi) use, redistribute or resell any of the content of the Site, other than such unremunerated sharing via social media as may be authorized in writing by us; or
(vii) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from the Site, in whole or in part, except as expressly provided in these Terms.
4. PROPRIETARY RIGHTS
As between you and us, we own the Site and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property. The foregoing ownership rights include all Intellectual Property Rights inherent to the Site. Without limitation of the foregoing, the Site contains proprietary material of The Sweet and Focused Life which is protected by copyright and other laws respecting proprietary rights. The Site is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Sweet and Focused Life retains all rights, including all copyright and other proprietary rights worldwide in all media.
5. REPRESENTATIONS AND WARRANTIES
You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.
You agree to indemnify, defend and hold harmless The Sweet and Focused Life and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Site, or any breach of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. The Sweet and Focused Life reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
7. DISCLAIMERS; LIMITATIONS OF LIABILITY
(a) You assume all responsibility and risk for your use of the Site. The Site is provided “as is” without representations or warranties of any kind, either expressed or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.
(b) While we make good faith efforts to include substantially accurate information on the Site, errors or omissions may occur. If we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency or fitness for a particular purpose of the Site, that the Site will meet your requirements, or as to the results that will be derived from using any of the information included on the Site.
(c) In no event shall The Sweet and Focused Life or its affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of delay in using or inability to use the Site. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and thus the above limitation may not apply to you.
(d) You assume all responsibilities and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the Site, including without limitation any decision made or action taken by you. The Site shall not constitute or be construed as a recommendation, solicitation, offer or opinion by The Sweet and Focused Life or our affiliates, principals or content providers, for any financial transaction or the purchase of any financial instrument, including but not limited to securities, or any kind of investment. Past performance is no guarantee of future results.
(e) You assume all responsibility and risk for your use of the Site. There is no guarantee that you will earn any money or achieve any particular results using the techniques and ideas provided in connection with the Site. All information provided in connection with the Site is intended for educational purposes only, for a general audience, and not as specific advice tailored for an individual or business. None of the information provided in connection with the Site shall be construed to constitute medical, psychological, financial or accounting, legal or other professional advice. We urge you to seek consult with an appropriate licensed professional if you seek any such advice.
8. LAW; JURISDICTION
These Terms shall be governed by the laws of the United States of America and the State of California, without regard to conflict of laws rules. You and we agree that any action or dispute between us will be resolved exclusively in the State or federal courts located in the City and County of San Francisco, in the state of California.
We may modify these Terms at any time by posting changes on the Site; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Site that these Terms have changed and you first use any of the Site following the date of such posting, and (ii) the changes will only apply with respect to your use of the Site after such changes become effective. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Site.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that any aspect of the Site contains content that infringes on your copyright, please forward the following information by email to firstname.lastname@example.org:
·Your address, telephone number, and email address;
·A description of the copyrighted work that you claim has been infringed;
·A description of where the alleged infringing material is located;
·A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
·An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.
The Site may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and The Sweet and Focused Life with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Site. The Sweet and Focused Life may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. The Sweet and Focused Life shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to The Sweet and Focused Life. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with The Sweet and Focused Life. Notices to us shall be sent by email to email@example.com.