Last Updated: July 28, 2017
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, all Subscriptions, and any service or material we provide on the Website or in the Subscriptions, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website, including procuring the necessary equipment and internet connectivity.
INTELLECTUAL PROPERTY RIGHTS
"Dominique Bradberry", the Company logo, and all related names, logos, product and service names, designs, and slogans are the trademarks or service marks of the Company or its affiliates or licensors. You must not use such marks in any manner whatsoever without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans used on this Website are the trademarks of their respective owners.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any of the material on our Website or any Subscription for any public and/or commercial use without the prior written permission of the Company.
You may print or download one copy of extracts of any page(s) from the Website or any Subscription for your personal reference, and you may draw the attention of others within your organization to material posted on the Website or in Subscriptions. However, you must not:
- Modify paper or digital copies of any materials from the Website or any Subscription.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- In any way that would infringe or breach any legal rights of the Company or any third party (including without limitation intellectual property and privacy rights).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit material that is obscene, indecent, pornographic, profane, racist, sexist, discriminatory, derogatory, harassing, threatening, malicious, untrue, or defamatory.
- To impersonate, attempt to impersonate, or misrepresent your relationship with the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or any Subscription, or which, as determined by us, may harm the Company or users of the Website or expose either to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means or any manual process to access the Website for any purpose, including monitoring, collecting, or copying of any material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Use, deliver, or introduce any viruses, trojan horses, worms, logic bombs, or other computer programming material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other customer of the Company, to its source, or exploit the Website, any Subscription, or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided by the Website.
- Otherwise attempt to interfere with the proper working of the Website.
REPORTING CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT
We respect the copyright and trademark rights of others, and we expect you to do the same. We will respond to notices of alleged copyright or trademark infringement that comply with the Digital Millennium Copyright Act and trademark laws. In addition, it is the Company’s policy to suspend or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks of others.
If you believe any material posted on or accessible through the Website or any Subscription infringes your copyright or trademark rights, you may request removal of those materials (or access thereto) by sending a written notice of infringement to our designated agent at the address below. The written notice must specify the nature of the copyright or trademark infringement and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed.
- Identification of what copyright or trademark rights you claim have been infringed. For copyrights, you must identify the copyrighted work that you claim has been infringed or, if the claim involves multiple works, a representative list of such works. For trademarks, you must identify the trademark that you claim has been infringed and a description of the basis for your claimed trademark rights, including the country or jurisdiction in which you claim such rights, any applicable registration number, and the category of goods and/or services for which you claim such rights.
- Identification of the claimed infringing material, including the location of that material on the Websites or Subscription.
- Contact information, including the copyright or trademark owner’s name, your name, postal address, telephone number, and, if available, e-mail address.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner.
Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA. By submitting an infringement notice, you acknowledge and agree that the Company or its designated agent may forward the information you provide in your notice to the person or entity responsible for the allegedly infringing material.
WEBSITE AND SUBSCRIPTION CONTENT
The content of the Website and the Subscriptions is not intended to amount to advice on which reliance should be placed. Any of the material on the Website or in the Subscriptions may be out of date or incomplete at any given time, and we are under no obligation to update such material. You assume sole responsibility for results obtained from your use of the Website and/or any Subscriptions, and for any conclusions drawn from such use. You understand that by using the Website, you may be exposed to content posted or submitted by third-parties that is offensive, indecent, or objectionable. We may update the content of the Website and the Subscriptions over time in our discretion without notice to you.
You agree that you will not post on the Website or otherwise submit any material to us unless you have created that content yourself or you have permission from the content owner to do so. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, and sub-licensable license to use any material that you submit to us for any purpose, including our use on the Website or in Subscriptions or for marketing our services (by any means and in any media).
Although the Company has no obligation to screen, edit, or monitor any content posted or otherwise submitted to the Website or any Subscription by you or any third-party, we reserve the right to remove or modify any material that you post or otherwise submit to the Website for any reason, in our sole discretion without notice.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link from your website to the Website homepage, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. In particular, you must not:
- Make any warranties or representations about us, our services, or our policies except with our prior express authorization.
- Make any false or misleading statements about us or our services or policies.
- State or imply that we have endorsed your website or are associated with it.
- Cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking, or in-line linking on any other site.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THE WEBSITE
The Company is based in the State of Ohio in the United States of America. We provide this Website and all Subscriptions for use only by persons located in the United States. We make no representation that the Website, any Subscription, or any of the contents of the Website or the Subscriptions are accessible or appropriate for use outside of the United States. If you access or use the Website or any Subscription from outside the United States, you do so on your own initiative and at your own risk, and you are responsible for compliance with applicable local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website, or any Subscription will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ANY SUBSCRIPTION, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND ITS CONTENT, THE SUBSCRIPTIONS AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN SOLE RISK. THE WEBSITE AND ITS CONTENT, THE SUBSCRIPTIONS AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SUBSCRIPTIONS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE AND ITS CONTENT, THE SUBSCRIPTIONS AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR OWN SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY SUBSCRIPTION, ANY CONTENT ON THE WEBSITE OR ANY SUBSCRIPTION, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE. IF SUCH LIABILITY CANNOT BE EXCLUDED, IN NO EVENT WILL THE COLLECTIVE MAXIMUM LIABILITY OF THE COMPANY AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR ANY APPLICABLE PAID SERVICES IN THE LAST 12 MONTHS BEFORE YOUR CLAIM AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND BINDING INDIVIDUAL ARBITRATION
You and the Company agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) according to this provision and the applicable arbitration rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For purposes of this arbitration provision, references to you and the Company also include respective affiliates, agents, employees, predecessors, successors, and assigns as well as authorized users or beneficiaries. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Columbus, Ohio, or another mutually agreeable location. The Company will pay all the arbitration fees. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, the Company will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Columbus, Ohio.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY