Terms & Conditions
BY VISITING WWW.ASPIREDLY.COM, YOU AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS.
ACCEPTANCE OF TERMS AND CONDITIONS
(B) Modification. This Agreement may be modified by the Company in its sole discretion from time to time, such modifications to be effective upon posting of the modified Agreement on the Website by the Company, and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement regularly. This Agreement was last updated May 1, 2018.
(C) Retention. A link to this Agreement will be found on the Website homepage. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
Information provided on the Site and related to our service of information regarding women’s health and careers, as well as blog, event hosting and coaching (the “Service”) is intended for information purposes only and is subject to change. The Company makes no representation or warranty that the information provided is accurate. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Website or obtained from a linked site. The Company shall have no liability or responsibility for any inaccuracies, errors, or omissions.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registrationinformation you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others. When you visit the Website or send e-mails to us, you are communicating electronically. You thereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by providing us with your personal information, you consent to receiving newsletters, e-mails, promotions, and other advertisements from us or our partners.
You may opt-out of receiving promotional e-mail from us by doing one of the following:
• If you originally signed up for our e-mail, please e-mail us at email@example.com.
• If you have received an e-mail from us, you can follow the opt-out or “unsubscribe” instructions provided in your e-mail.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
The Site and Service contain certain intellectual property owned by Company. All information, images, trademarks, copyrights, proprietary information and other intellectual property, Company name, Company logo, designs, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips, and other materials that appear as part of the Website as well as the selection, arrangement, and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles, and interests in and to which are owned by or licensed to the Company or its suppliers. All software used on this Website is the property of the Company or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
“aspiredly” and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or clients, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. References on the Website to the trademarks, service marks, trade names, products, company names, or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by the Company.
LICENSE/SITE ACCESS/PROHIBITED USE
The Company grants you a limited, revocable license to access and make personal use of the Website. This license may be revoked by the Company at any time in the Company’s sole discretion. The Company does not allow you to download or modify the Website, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the Website or its contents, any collection and use of any content, including, but not limited to, any derivative use of this site or its contents, any downloading or copying of account information for thebenefit of another merchant, or any use of data mining, spiders, robots, or similar data gathering and extraction tools, and such activities are strictly prohibited. The content of the Website, the Website as a whole, and the software are intended solely for personal, non-commercial use by you and other authorized commercial users of the Website who have been granted the license described above (and have not had such license revoked) and have consented to this Agreement by use of the Website or otherwise. You may not (a) modify or create any derivative work based on the content or use the content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing, or other commercial exploitation; (b) remove or alter any copyright, trademark, or other proprietary notices from the content; (c) transfer the content to another person; or (d) reproduce the content, the Website, or the software, in whole or in part. You agree to prevent any unauthorized copying of the content or software. We reserve all rights not expressly granted in this Agreement.
CONDUCT ON THE WEBSITE
Your use of the Website is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Website. You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data or other information - that: (a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies; (b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as“spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (f) Impersonates any person or entity, including any of our employees or representatives. The Company neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third-party users of the Website. The Company and its agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with this Agreement and any other rules of user conduct for the Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
WARRANTY LIMITATION AND LIMITATION OF LIABILITY
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY (INCLUDING ANY OFFICERS, PARTNERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, SPONSORS, ADVERTISERS, LICENSORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS OF THE COMPANY) HAS NOT MADE ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (A) THE WEBSITE OR ITS SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE OR ITS SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ITS SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF THE WEBSITE OR ITS SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE FACT THAT THE COMPANY IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY OR ANY OF ITS OFFICERS, PARTNERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, SPONSORS, ADVERTISERS, LICENSORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR INDEPENDENT CONTRACTORS BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS OF THE WEBSITE OR THE CONTENT, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THEWEBSITE, OR OTHERWISE RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES TO THE WEBSITE OR ITS SERVICES OR CONTENT AT ANY TIME WITHOUT NOTICE. THE WEBSITE OR ITS SERVICES OR CONTENT MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THE WEBSITE OR ITS SERVICES OR CONTENT. ADDITIONALLY, YOU ACKNOWLEDGE THAT YOU ARE REQUIRED TO OBTAIN ACCESS TO THE WORLD WIDE WEB TO ACCESS THE WEBSITE, INCLUDING ANY FEES, SOFTWARE, AND EQUIPMENT TO OBTAIN AND MAINTAIN SUCH WORLD WIDE WEB ACCESS, AND THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR FAILURES RELATED TO SUCH WORLD WIDE WEB ACCESS, FEES, SOFTWARE, OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, USER ERROR IN OPERATING SUCH ACCESS, FEES, SOFTWARE, OR EQUIPMENT. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS, OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE, AND THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE. ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; OR (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHERTHEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100, REGARDLESS OF REASON.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE
The Company expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords, and/or hidden text online. The use of Company trademarks, trade names, or brand names in metatags, keywords, or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of the Company is expressly prohibited. Likewise, framing, in-line linking, or other methods of association on the Website or its content with any other site, advertisement, link, or other information or materials not originating from this Website are expressly prohibited, unless specifically authorized or required in writing by the Company.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we have no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods, or services available on or through any such site or resource. We do not control the privacy policies or practices of these websites. You should review those policies before providing any personal information or using such websites.
Links to such websites or resources do not imply any endorsement by or affiliation with Company. These Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold harmless the Company (and its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives, and independent contractors) of, from, and against any and all claims, actions or demands, liabilities, obligations, costs, expenses (including, without limitation, reasonable attorneys fees), losses and settlements, as well as third party claims, actions or demands, liabilities, obligations, costs, expenses (including, without limitation, reasonable attorneys fees), losses and settlements, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE
By using the Website, you expressly agree that if there is any dispute arising out of the Website and/or the products or service, or this Agreement, any such dispute will be governed by the laws of the State of North Carolina. In the event of any such dispute, the parties hereto shall use good faith efforts to reach an agreement to resolve the dispute. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of sixty (60) days, then, upon notice by either party to the other, all disputes shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. The place of arbitration shall be Charlotte, North Carolina. Any award rendered against a party in arbitration shall be final, binding, and conclusive as to the subject of such award and may be enforced and a judgment may be entered in any court of competent jurisdiction. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to recover its legal expenses, including reasonable attorneys’ fees, legal assistants’ fees, costs, and expenses of all court or arbitration costs (including bankruptcy proceedings and appeals) from the other party in addition to any other relief to which the Company is entitled. Any cause of action brought by you against the Company or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives, or independent contractors, must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
Although the Website may be accessible worldwide, the Company makes no representation that content on the Website is appropriate or available for use in locations outside the United States, and accessing such content from territories where such content is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Website is void where prohibited.
Termination of Use
You agree that the Company may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files orthe Website. The Company will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. These Terms and Conditions will survive any termination.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation. You may not assign your rights and obligations under these Terms and Conditions to any third party, and any purported attempt to do so will be null and void. The Company may freely assign its rights and obligations under these Terms and Conditions. If any part of these Terms and Conditions is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Any failure by the Company to enforce or exercise any provision of these Terms and Conditions or related rights will not constitute a waiver of that right or provision.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading and understanding them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions as modified. Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© aspiredly llc (ver 05.2018)