Terms of Service
Last Updated on July 25th, 2017
TERMS AND CONDITIONS
WEBSITE TERMS OF USE
LAST MODIFIED: JUNE 25, 2020
ACCEPTANCE OF THE TERMS OF USE
THESE TERMS OF USE ARE ENTERED INTO BY AND BETWEEN YOU AND BUILD IT 4 ME, LLC (“COMPANY”, “WE” OR “US”). THE FOLLOWING TERMS AND CONDITIONS, TOGETHER WITH
ANY DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE (COLLECTIVELY, THESE
“TERMS OF USE”), GOVERN YOUR ACCESS TO AND USE OF (A) HTTP://RICKVALENTINE.COM (B) HTTP://QUICKLYER.COM
AND/OR (C) HTTPS://BUILDIT4.ME, INCLUDING ANY CONTENT, FUNCTIONALITY AND
SERVICES OFFERED ON OR THROUGH SUCH WEBSITES, WHETHER AS A GUEST OR A
REGISTERED USER. AS USED HEREIN, “WEBSITE” SHALL REFER TO EACH OF THE
AFOREMENTIONED WEBSITES, OR ANY COMBINATION OF THEM. PLEASE READ THE TERMS
OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE, YOU
ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, OUR PRIVACY
POLICY FOUND AT HTTP://RICKVALENTINE.COM/PRIVACY (THE “PRIVACY POLICY”)
WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO OR
ACCEPT THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE
THE WEBSITE.
THE WEBSITE IS ONLY OFFERED AND AVAILABLE TO USERS WHO ARE 18 OR OLDER AND
FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS,
AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF
USE, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT MEET
ALL OF THE FOREGOING REQUIREMENTS, YOU MUST NOT ACCESS OR USE ANY WEBSITE.
CHANGES TO THE TERMS OF USE
WE MAY REVISE AND UPDATE THESE TERMS OF USE FROM TIME TO TIME IN OUR SOLE
DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM, AND
APPLY TO ALL ACCESS TO AND USE OF THE WEBSITE THEREAFTER. HOWEVER, ANY
CHANGES TO THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN GOVERNING LAW AND
JURISDICTION WILL NOT APPLY TO ANY DISPUTES FOR WHICH THE PARTIES HAVE ACTUAL
NOTICE ON OR PRIOR TO THE DATE THE CHANGE IS POSTED ON THE WEBSITE. YOUR
CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF REVISED TERMS OF USE
MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES. WE ENCOURAGE AND EXPECT
YOU TO CONSULT THE TERMS OF USE EACH TIME YOU ACCESS A WEBSITE SO YOU ARE
AWARE OF ANY CHANGES, AS THEY ARE BINDING ON YOU.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
WE RESERVE THE RIGHT TO WITHDRAW OR AMEND THE WEBSITE, AND ANY SERVICE OR
MATERIAL WE PROVIDE ON THE WEBSITE, 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, INCLUDING
REGISTERED USERS. YOU ARE RESPONSIBLE FOR (A) MAKING ALL ARRANGEMENTS
NECESSARY FOR YOU TO HAVE ACCESS TO THE WEBSITE AND (B) ENSURING THAT ALL
PERSONS WHO ACCESS THE WEBSITE THROUGH YOUR INTERNET CONNECTION ARE AWARE
OF THESE TERMS OF USE AND COMPLY WITH THEM.
TO ACCESS THE WEBSITE OR SOME OF THE RESOURCES IT OFFERS, YOU MAY BE ASKED TO
PROVIDE CERTAIN REGISTRATION DETAILS OR OTHER INFORMATION. IT IS A CONDITION
OF YOUR USE OF THE WEBSITE THAT ALL THE INFORMATION YOU PROVIDE ON THE
WEBSITE IS CORRECT, CURRENT AND COMPLETE. YOU AGREE THAT ALL INFORMATION YOU
PROVIDE TO REGISTER WITH THIS WEBSITE OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO THROUGH THE USE OF ANY INTERACTIVE FEATURES ON THE WEBSITE, IS GOVERNED BY
OUR PRIVACY POLICY, AND YOU CONSENT TO ALL ACTIONS WE TAKE WITH RESPECT TO
YOUR INFORMATION CONSISTENT WITH OUR PRIVACY POLICY.
IF YOU CHOOSE, OR ARE PROVIDED WITH, A USER NAME, PASSWORD OR ANY OTHER PIECE
OF INFORMATION AS PART OF OUR SECURITY PROCEDURES, YOU MUST TREAT SUCH
INFORMATION AS CONFIDENTIAL, AND YOU MUST NOT DISCLOSE IT TO ANY OTHER
PERSON OR ENTITY. YOU ALSO ACKNOWLEDGE THAT YOUR ACCOUNT IS PERSONAL TO
YOU AND AGREE NOT TO PROVIDE ANY OTHER PERSON WITH ACCESS TO THIS WEBSITE OR
PORTIONS OF IT USING YOUR USER NAME, PASSWORD OR OTHER SECURITY
INFORMATION. YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED ACCESS
TO OR USE OF YOUR USER NAME OR PASSWORD OR ANY OTHER BREACH OF SECURITY. WE
HAVE THE RIGHT TO DISABLE ANY USER NAME, PASSWORD OR OTHER IDENTIFIER,
WHETHER CHOSEN BY YOU OR PROVIDED BY US, AT ANY TIME IN OUR SOLE DISCRETION
FOR ANY OR NO REASON, INCLUDING IF, IN OUR OPINION, YOU HAVE VIOLATED ANY
PROVISION OF THESE TERMS OF USE.
INTELLECTUAL PROPERTY RIGHTS
THE WEBSITE AND ITS ENTIRE CONTENTS, FEATURES AND FUNCTIONALITY (INCLUDING
BUT NOT LIMITED TO ALL INFORMATION, SOFTWARE, TEXT, DISPLAYS, IMAGES, VIDEO
AND AUDIO, AND THE DESIGN, SELECTION AND ARRANGEMENT THEREOF), ARE OWNED BY
THE COMPANY, ITS LICENSORS OR OTHER PROVIDERS OF SUCH MATERIAL AND ARE
PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT, TRADEMARK, PATENT,
TRADE SECRET AND OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS LAWS.
VIOLATION OF THIS SECTION IS STRICTLY PROHIBITED WITHOUT THE EXPRESS, WRITTEN
PERMISSION OF COMPANY. FOR INFORMATION ON REQUESTING SUCH PERMISSION,
CONTACT US AT SUPPORT@RICKVALENTINE.COM.
THESE TERMS OF USE PERMIT YOU TO USE THE WEBSITE FOR YOUR PERSONAL, NONCOMMERCIAL
USE ONLY. YOU MUST NOT SELL, LICENSE, RENT, COPY, REPRODUCE,
TRANSMIT, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS FROM, PUBLICLY DISPLAY,
PUBLICLY PERFORM, REPUBLISH, ADAPT, EDIT, DOWNLOAD, STORE OR TRANSMIT ANY OF
THE MATERIAL ON OUR WEBSITE, WITH THE FOLLOWING EXCEPTIONS: (1) YOUR
COMPUTER MAY TEMPORARILY STORE COPIES OF SUCH MATERIALS IN RAM INCIDENTAL
TO YOUR ACCESSING AND VIEWING THOSE MATERIALS; (2) YOU MAY STORE FILES THAT
ARE AUTOMATICALLY CACHED BY YOUR WEB BROWSER FOR DISPLAY ENHANCEMENT
PURPOSES; (3) YOU MAY PRINT OR DOWNLOAD ONE COPY OF A REASONABLE NUMBER OF
PAGES OF THE WEBSITE FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE AND NOT FOR
FURTHER REPRODUCTION, PUBLICATION OR DISTRIBUTION; (4) IF WE PROVIDE DESKTOP,
MOBILE OR OTHER APPLICATIONS FOR DOWNLOAD, YOU MAY DOWNLOAD A SINGLE
COPY TO YOUR COMPUTER OR MOBILE DEVICE SOLELY FOR YOUR OWN PERSONAL, NONCOMMERCIAL
USE, PROVIDED YOU AGREE TO BE BOUND BY OUR END USER LICENSE
AGREEMENT FOR SUCH APPLICATIONS; AND (5) IF WE PROVIDE SOCIAL MEDIA FEATURES
WITH CERTAIN CONTENT, YOU MAY TAKE SUCH ACTIONS AS ARE ENABLED BY SUCH
FEATURES.
YOU MUST NOT (1) MODIFY COPIES OF ANY MATERIALS FROM THE WEBSITE; (2) USE ANY
ILLUSTRATIONS, PHOTOGRAPHS, VIDEO OR AUDIO SEQUENCES OR ANY GRAPHICS FROM
THE WEBSITE SEPARATELY FROM THE ACCOMPANYING TEXT; (3) DELETE OR ALTER ANY
COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHTS NOTICES FROM COPIES OF
MATERIALS FROM THE WEBSITE. YOU MUST NOT ACCESS OR USE FOR ANY COMMERCIAL
PURPOSES ANY PART OF THE WEBSITE OR ANY SERVICES OR MATERIALS AVAILABLE
THROUGH THE WEBSITE.
IF YOU PRINT, COPY, MODIFY, DOWNLOAD OR OTHERWISE USE OR PROVIDE ANY OTHER
PERSON WITH ACCESS TO ANY PART OF THE WEBSITE IN BREACH OF THE TERMS OF USE,
YOUR RIGHT TO USE THE WEBSITE WILL CEASE IMMEDIATELY AND YOU MUST, AT OUR
OPTION, RETURN OR DESTROY ANY COPIES OF THE MATERIALS YOU HAVE MADE. NO
RIGHT, TITLE OR INTEREST IN OR TO THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS
TRANSFERRED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY THE
COMPANY. ANY USE OF THE WEBSITE NOT EXPRESSLY PERMITTED BY THESE TERMS OF USE
IS A BREACH OF THESE TERMS OF USE AND MAY VIOLATE COPYRIGHT, TRADEMARK AND
OTHER LAWS.
TRADEMARKS
THE COMPANY NAME, AND ALL RELATED NAMES, LOGOS, PRODUCT AND SERVICE NAMES,
DESIGNS AND SLOGANS ARE TRADEMARKS OF THE COMPANY OR ITS AFFILIATES OR
LICENSORS. YOU MUST NOT USE SUCH MARKS WITHOUT THE PRIOR WRITTEN PERMISSION
OF THE COMPANY. ALL OTHER NAMES, LOGOS, PRODUCT AND SERVICE NAMES, DESIGNS
AND SLOGANS ON THIS WEBSITE ARE THE TRADEMARKS OF THEIR RESPECTIVE OWNERS.
PROHIBITED USES
YOU MAY USE THE WEBSITE ONLY FOR LAWFUL PURPOSES AND IN ACCORDANCE WITH
THESE TERMS OF USE. YOU AGREE NOT TO USE THE WEBSITE (A) IN ANY WAY THAT
VIOLATES ANY APPLICABLE FEDERAL, STATE, LOCAL OR INTERNATIONAL LAW OR
REGULATION; (B) 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; (C) TO
SEND, KNOWINGLY RECEIVE, UPLOAD, DOWNLOAD, USE OR RE-USE ANY MATERIAL WHICH
DOES NOT COMPLY WITH THE CONTENT STANDARDS SET OUT IN THESE TERMS OF USE; (D)
TO TRANSMIT, OR PROCURE THE SENDING OF, ANY ADVERTISING OR PROMOTIONAL
MATERIAL WITHOUT OUR PRIOR WRITTEN CONSENT, INCLUDING ANY “JUNK MAIL”,
“CHAIN LETTER” OR “SPAM” OR ANY OTHER SIMILAR SOLICITATION; (E) TO IMPERSONATE
OR ATTEMPT TO IMPERSONATE 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); OR (F) TO
ENGAGE IN ANY OTHER CONDUCT THAT RESTRICTS OR INHIBITS ANYONE’S USE OR
ENJOYMENT OF THE WEBSITE, OR WHICH, AS DETERMINED BY US, MAY HARM THE
COMPANY OR USERS OF THE WEBSITE OR EXPOSE THEM TO LIABILITY.
ADDITIONALLY, YOU AGREE NOT TO (1) 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; (2) USE ANY ROBOT, SPIDER OR OTHER AUTOMATIC
DEVICE, PROCESS OR MEANS TO ACCESS THE WEBSITE FOR ANY PURPOSE, INCLUDING
MONITORING OR COPYING ANY OF THE MATERIAL ON THE WEBSITE; (3) USE ANY MANUAL
PROCESS TO MONITOR OR COPY ANY OF THE MATERIAL ON THE WEBSITE OR FOR ANY
OTHER UNAUTHORIZED PURPOSE WITHOUT OUR PRIOR WRITTEN CONSENT; (4) USE ANY
DEVICE, SOFTWARE OR ROUTINE THAT INTERFERES WITH THE PROPER WORKING OF THE
WEBSITE; (5) INTRODUCE ANY VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR
OTHER MATERIAL WHICH IS MALICIOUS OR TECHNOLOGICALLY HARMFUL; (6) 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; (7) ATTACK THE WEBSITE VIA A
DENIAL-OF-SERVICE ATTACK OR A DISTRIBUTED DENIAL-OF-SERVICE ATTACK; OR (8)
OTHERWISE ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE.
USER CONTRIBUTIONS
THE WEBSITE MAY CONTAIN MESSAGE BOARDS, CHAT ROOMS, PERSONAL WEB PAGES OR
PROFILES, FORUMS, BULLETIN BOARDS, AND OTHER INTERACTIVE FEATURES
(COLLECTIVELY, “INTERACTIVE SERVICES”) THAT ALLOW USERS TO POST, SUBMIT, PUBLISH,
DISPLAY OR TRANSMIT TO OTHER USERS OR OTHER PERSONS (HEREINAFTER, “POST”)
CONTENT OR MATERIALS (COLLECTIVELY, “USER CONTRIBUTIONS”) ON OR THROUGH THE
WEBSITE. ALL USER CONTRIBUTIONS MUST COMPLY WITH THE CONTENT STANDARDS SET
OUT IN THESE TERMS OF USE.
ANY USER CONTRIBUTION YOU POST TO THE WEBSITE WILL BE CONSIDERED NONCONFIDENTIAL
AND NON-PROPRIETARY. BY PROVIDING ANY USER CONTRIBUTION ON
THE WEBSITE, YOU GRANT US AND OUR LICENSEES, SUCCESSORS AND ASSIGNS THE RIGHT
TO USE, REPRODUCE, MODIFY, PERFORM, DISPLAY, DISTRIBUTE AND OTHERWISE DISCLOSE
TO THIRD PARTIES ANY SUCH MATERIAL FOR ANY PURPOSE.
WITHOUT LIMITING THE FOREGOING, YOU AGREE AND UNDERSTAND THAT OTHER
INDIVIDUAL MEMBERS OF THE MEMBERSHIP PROGRAM AVAILABLE ON THE WEBSITE MAY
SEE THE INFORMATION THAT YOU POST ON ANY APPLICABLE WEBSITE MEMBERSHIP AREA.
FOR THIS REASON, YOU AGREE THAT YOU SHALL NOT POST ANY INFORMATION ON THE
WEBSITE THAT YOU DO NOT WANT OTHERS TO SEE. YOU AGREE THAT ANYTHING YOU
POST IN THE APPLICABLE MEMBERSHIP AREA OF THE WEBSITE IS AT YOUR OWN RISK, AND
YOU FURTHER AGREE TO HOLD COMPANY HARMLESS FROM ANY AND ALL DAMAGE THAT
COULD OCCUR TO YOU FROM ANY INFORMATION THAT YOU POST. FOR ADDITIONAL
DETAILS, PLEASE SEE OUR PRIVACY POLICY.
YOU REPRESENT AND WARRANT THAT (A) YOU OWN OR CONTROL ALL RIGHTS IN AND TO
THE USER CONTRIBUTIONS AND HAVE THE RIGHT TO GRANT THE LICENSE GRANTED
ABOVE TO US AND OUR LICENSEES, SUCCESSORS AND ASSIGNS; AND (B) ALL OF YOUR
USER CONTRIBUTIONS DO AND WILL COMPLY WITH THESE TERMS OF USE. YOU
UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY USER
CONTRIBUTIONS YOU SUBMIT OR CONTRIBUTE, AND YOU, NOT THE COMPANY, HAVE
FULL RESPONSIBILITY FOR SUCH CONTENT, INCLUDING ITS LEGALITY, RELIABILITY,
ACCURACY AND APPROPRIATENESS. WE ARE NOT RESPONSIBLE, OR LIABLE TO ANY THIRD
PARTY, FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS POSTED BY YOU
OR ANY OTHER USER OF THE WEBSITE.
MONITORING AND ENFORCEMENT; TERMINATION
WE HAVE THE RIGHT TO (A) REMOVE OR REFUSE TO POST ANY USER CONTRIBUTIONS FOR
ANY OR NO REASON IN OUR SOLE DISCRETION; (B) TAKE ANY ACTION WITH RESPECT TO
ANY USER CONTRIBUTION THAT WE DEEM NECESSARY OR APPROPRIATE IN OUR SOLE
DISCRETION, INCLUDING IF WE BELIEVE THAT SUCH USER CONTRIBUTION VIOLATES THE
TERMS OF USE, INCLUDING THE CONTENT STANDARDS, INFRINGES ANY INTELLECTUAL
PROPERTY RIGHT OR OTHER RIGHT OF ANY PERSON OR ENTITY, THREATENS THE
PERSONAL SAFETY OF USERS OF THE WEBSITE OR THE PUBLIC OR COULD CREATE LIABILITY
FOR THE COMPANY; (C) DISCLOSE YOUR IDENTITY OR OTHER INFORMATION ABOUT YOU
TO ANY THIRD PARTY WHO CLAIMS THAT MATERIAL POSTED BY YOU VIOLATES THEIR
RIGHTS, INCLUDING THEIR INTELLECTUAL PROPERTY RIGHTS OR THEIR RIGHT TO PRIVACY;
(D) TAKE APPROPRIATE LEGAL ACTION, INCLUDING WITHOUT LIMITATION, REFERRAL TO
LAW ENFORCEMENT, FOR ANY ILLEGAL OR UNAUTHORIZED USE OF THE WEBSITE; (E)
TERMINATE OR SUSPEND YOUR ACCESS TO ALL OR PART OF THE WEBSITE FOR ANY OR NO
REASON, INCLUDING WITHOUT LIMITATION, ANY VIOLATION OF THESE TERMS OF USE.
TO THE EXTENT YOU ARE INVOLVED IN A MEMBERSHIP PROGRAM ON THE WEBSITE,
EITHER YOU OR THE COMPANY CAN CANCEL YOUR PARTICIPATION IN ANY OF OUR
MEMBERSHIP PROGRAMS AT ANY TIME AND FOR ANY REASON. EXCEPT FOR REFUNDS
PURSUANT TO ANY SPECIFIED REFUND PERIODS IN ANY PAYMENT TERMS ENTERED INTO
BETWEEN YOU AND THE COMPANY, NO REFUNDS FOR PREVIOUS MONTHS OF
MEMBERSHIP WILL BE GIVEN IN THE EVENT YOU OR COMPANY TERMINATES YOUR
MEMBERSHIP IN THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH
ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US
TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF ANYONE POSTING ANY
MATERIALS ON OR THROUGH THE WEBSITE. YOU WAIVE AND HOLD HARMLESS THE
COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT
AUTHORITIES.
WE CANNOT AND/OR DO NOT UNDERTAKE TO REVIEW ALL MATERIAL BEFORE IT IS POSTED
ON THE WEBSITE, AND CANNOT ENSURE PROMPT REMOVAL OF OBJECTIONABLE MATERIAL
AFTER IT HAS BEEN POSTED. ACCORDINGLY, WE ASSUME NO LIABILITY FOR ANY ACTION
OR INACTION REGARDING TRANSMISSIONS, COMMUNICATIONS OR CONTENT PROVIDED
BY ANY USER OR THIRD PARTY. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE
FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS
SECTION.
CONTENT STANDARDS
THESE CONTENT STANDARDS APPLY TO ANY AND ALL USER CONTRIBUTIONS AND USE OF
INTERACTIVE SERVICES. USER CONTRIBUTIONS MUST IN THEIR ENTIRETY COMPLY WITH
ALL APPLICABLE FEDERAL, STATE, LOCAL AND INTERNATIONAL LAWS AND REGULATIONS.
WITHOUT LIMITING THE FOREGOING, USER CONTRIBUTIONS MUST NOT: (A) CONTAIN ANY
MATERIAL WHICH IS DEFAMATORY, OBSCENE, INDECENT, ABUSIVE, OFFENSIVE,
HARASSING, VIOLENT, HATEFUL, INFLAMMATORY OR OTHERWISE OBJECTIONABLE; (B)
PROMOTE SEXUALLY EXPLICIT OR PORNOGRAPHIC MATERIAL, VIOLENCE, OR
DISCRIMINATION BASED ON RACE, SEX, RELIGION, NATIONALITY, DISABILITY, SEXUAL
ORIENTATION OR AGE; (C) INFRINGE ANY PATENT, TRADEMARK, TRADE SECRET,
COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY OTHER
PERSON; (D) VIOLATE THE LEGAL RIGHTS (INCLUDING THE RIGHTS OF PUBLICITY AND
PRIVACY) OF OTHERS OR CONTAIN ANY MATERIAL THAT COULD GIVE RISE TO ANY CIVIL
OR CRIMINAL LIABILITY UNDER APPLICABLE LAWS OR REGULATIONS OR THAT OTHERWISE
MAY BE IN CONFLICT WITH THESE TERMS OF USE AND OUR PRIVACY POLICY; (E) BE LIKELY
TO DECEIVE ANY PERSON; (F) PROMOTE ANY ILLEGAL ACTIVITY, OR ADVOCATE, PROMOTE
OR ASSIST ANY UNLAWFUL ACT; (G) CAUSE ANNOYANCE, INCONVENIENCE OR NEEDLESS
ANXIETY OR BE LIKELY TO UPSET, EMBARRASS, ALARM OR ANNOY ANY OTHER PERSON;
(H) IMPERSONATE ANY PERSON, OR MISREPRESENT YOUR IDENTITY OR AFFILIATION WITH
ANY PERSON OR ORGANIZATION’ (I) INVOLVE COMMERCIAL ACTIVITIES OR SALES, SUCH AS
CONTESTS, SWEEPSTAKES AND OTHER SALES PROMOTIONS, BARTER OR ADVERTISING; (J)
CONTAIN ANY OCCULT, HATEFUL, OR RACIST MATERIAL; OR (K) GIVE THE IMPRESSION
THAT THEY EMANATE FROM OR ARE ENDORSED BY US OR ANY OTHER PERSON OR ENTITY,
IF THIS IS NOT THE CASE. TO THE EXTENT IT IS QUESTIONABLE WHETHER USER
CONTRIBUTIONS VIOLATE THE CONTENT STANDARDS, THE COMPANY RESERVES THE RIGHT
TO MAKE THE FINAL DECISION REGARDING WHETHER A VIOLATION HAS OCCURRED AND
RESERVES THE RIGHT TO TERMINATE ANY USER’S ACCESS TO THE WEBSITE WITHOUT PRIOR
NOTICE FOR A VIOLATION OF THIS PROVISION.
FURTHER REQUIREMENTS REGARDING THE CONDUCT THAT IS EXPECTED OF ALL USERS OF
THE WEBSITE MAY ALSO BE FOUND VIA POSTS FROM THE COMPANY ON THE WEBSITE, AND
YOU AGREE TO COMPLY WITH SUCH REQUIREMENTS.
COPYRIGHT INFRINGEMENT
REPORTING
COPYRIGHT INFRINGEMENT
WE TAKE CLAIMS OF COPYRIGHT INFRINGEMENT
SERIOUSLY. WE WILL RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT THAT
COMPLY WITH APPLICABLE LAW. IF YOU BELIEVE ANY MATERIALS ACCESSIBLE ON OR
FROM THE WEBSITE INFRINGE YOUR COPYRIGHT, YOU MAY REQUEST REMOVAL OF THOSE
MATERIALS (OR ACCESS TO THEM) FROM THE WEBSITE BY SUBMITTING WRITTEN
NOTIFICATION TO OUR COPYRIGHT AGENT (DESIGNATED BELOW). IN ACCORDANCE WITH
THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT OF THE DIGITAL
MILLENNIUM COPYRIGHT ACT (17 U.S.C. § 512) (“DMCA”), THE WRITTEN NOTICE (THE
“DMCA NOTICE”) MUST INCLUDE (A) YOUR PHYSICAL OR ELECTRONIC SIGNATURE; (B)
IDENTIFICATION OF THE COPYRIGHTED WORK YOU BELIEVE TO HAVE BEEN INFRINGED OR,
IF THE CLAIM INVOLVES MULTIPLE WORKS ON THE WEBSITE, A REPRESENTATIVE LIST OF
SUCH WORKS; (C) IDENTIFICATION OF THE MATERIAL YOU BELIEVE TO BE INFRINGING IN A
SUFFICIENTLY PRECISE MANNER TO ALLOW US TO LOCATE THAT MATERIAL; (D) ADEQUATE
INFORMATION BY WHICH WE CAN CONTACT YOU (INCLUDING YOUR NAME, POSTAL
ADDRESS, TELEPHONE NUMBER AND, IF AVAILABLE, E-MAIL ADDRESS); (E) A STATEMENT
THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE COPYRIGHTED MATERIAL IS NOT
AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT OR THE LAW; (F) A STATEMENT THAT
THE INFORMATION IN THE WRITTEN NOTICE IS ACCURATE; AND (G) A STATEMENT, UNDER
PENALTY OF PERJURY, THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT
OWNER. IF YOU FAIL TO COMPLY WITH ALL OF THE REQUIREMENTS OF SECTION 512(C)(3)
OF THE DMCA, YOUR DMCA NOTICE MAY NOT BE EFFECTIVE. PLEASE BE AWARE THAT IF
YOU KNOWINGLY MATERIALLY MISREPRESENT THAT MATERIAL OR ACTIVITY ON THE
WEBSITE IS INFRINGING YOUR COPYRIGHT, YOU MAY BE HELD LIABLE FOR DAMAGES
(INCLUDING COSTS AND ATTORNEYS’ FEES) UNDER SECTION 512(F) OF THE DMCA.
COUNTER-NOTIFICATION PROCEDURES. IF YOU BELIEVE THAT MATERIAL YOU POSTED ON
THE WEBSITE WAS REMOVED OR ACCESS TO IT WAS DISABLED BY MISTAKE OR
MISIDENTIFICATION, YOU MAY FILE A COUNTER-NOTIFICATION WITH US (A “COUNTERNOTICE“)
BY SUBMITTING WRITTEN NOTIFICATION TO OUR COPYRIGHT AGENT
(IDENTIFIED BELOW). PURSUANT TO THE DMCA, THE COUNTER-NOTICE MUST INCLUDE (A)
YOUR PHYSICAL OR ELECTRONIC SIGNATURE; (B) AN IDENTIFICATION OF THE MATERIAL
THAT HAS BEEN REMOVED OR TO WHICH ACCESS HAS BEEN DISABLED AND THE LOCATION
AT WHICH THE MATERIAL APPEARED BEFORE IT WAS REMOVED OR ACCESS DISABLED; (C)
ADEQUATE INFORMATION BY WHICH WE CAN CONTACT YOU (INCLUDING YOUR NAME,
POSTAL ADDRESS, TELEPHONE NUMBER AND, IF AVAILABLE, E-MAIL ADDRESS); (D) A
STATEMENT UNDER PENALTY OF PERJURY BY YOU THAT YOU HAVE A GOOD FAITH BELIEF
THAT THE MATERIAL IDENTIFIED ABOVE WAS REMOVED OR DISABLED AS A RESULT OF A
MISTAKE OR MISIDENTIFICATION OF THE MATERIAL TO BE REMOVED OR DISABLED; (E) A
STATEMENT THAT YOU WILL CONSENT TO THE JURISDICTION OF THE FEDERAL DISTRICT
COURT FOR THE JUDICIAL DISTRICT IN WHICH YOUR ADDRESS IS LOCATED (OR IF YOU
RESIDE OUTSIDE THE UNITED STATES FOR ANY JUDICIAL DISTRICT IN WHICH THE WEBSITE
MAY BE FOUND) AND THAT YOU WILL ACCEPT SERVICE FROM THE PERSON (OR AN AGENT
OF THAT PERSON) WHO PROVIDED THE WEBSITE WITH THE COMPLAINT AT ISSUE. THE
DMCA ALLOWS US TO RESTORE THE REMOVED CONTENT IF THE PARTY FILING THE
ORIGINAL DMCA NOTICE DOES NOT FILE A COURT ACTION AGAINST YOU WITHIN TEN
BUSINESS DAYS OF RECEIVING THE COPY OF YOUR COUNTER-NOTICE. PLEASE BE AWARE
THAT IF YOU KNOWINGLY MATERIALLY MISREPRESENT THAT MATERIAL OR ACTIVITY ON
THE WEBSITE WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, YOU MAY
BE HELD LIABLE FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES) UNDER
SECTION 512(F) OF THE DMCA.
COPYRIGHT AGENT. OUR DESIGNATED COPYRIGHT AGENT TO RECEIVE DMCA NOTICES AND
COUNTER-NOTICES IS RICK VALENTINE, WHO MAY BE CONTACTED BY EMAIL AT
SUPPORT@RICKVALENTINE.COM.
REPEAT INFRINGERS. IT IS OUR POLICY IN APPROPRIATE CIRCUMSTANCES TO DISABLE
AND/OR TERMINATE THE ACCOUNTS OF USERS WHO ARE REPEAT INFRINGERS.
RELIANCE ON INFORMATION POSTED
THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE
SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY,
COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON
SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND
RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR
ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF
ITS CONTENTS.
THIS WEBSITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES, INCLUDING
MATERIALS PROVIDED BY OTHER USERS, BLOGGERS AND THIRD-PARTY LICENSORS,
SYNDICATORS, AGGREGATORS AND/OR REPORTING SERVICES. ALL STATEMENTS AND/OR
OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO
QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY THE
COMPANY, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR
ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT
THE OPINION OF THE COMPANY. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY
THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY
THIRD PARTIES.
CHANGES TO THE WEBSITE
WE MAY UPDATE THE CONTENT ON THIS WEBSITE FROM TIME TO TIME, BUT ITS CONTENT
IS NOT NECESSARILY COMPLETE OR UP-TO-DATE. ANY OF THE MATERIAL ON THE WEBSITE
MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO
UPDATE SUCH MATERIAL.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
ALL INFORMATION WE COLLECT ON THIS WEBSITE IS SUBJECT TO OUR PRIVACY POLICY. BY
USING THE WEBSITE, YOU CONSENT TO ALL ACTIONS TAKEN BY US WITH RESPECT TO
YOUR INFORMATION IN COMPLIANCE WITH THE PRIVACY POLICY.
ONLINE PURCHASES, REFUNDS, AND OTHER TERMS AND CONDITIONS
THE COMPANY MAY OFFER ONE OR MORE MEMBERSHIP PROGRAMS ON ITS WEBSITE. THE
PRICING FOR ANY SUCH MEMBERSHIP PROGRAM WILL BE CLEARLY STATED ON THE
APPLICABLE ORDER FORM. ALL PURCHASES THROUGH THE WEBSITE ARE FINAL AND WILL
NOT BE REFUNDED EXCEPT AS EXPRESSLY STATED HEREIN.
REFUND POLICY
NOTWITHSTANDING THE FOREGOING, A MEMBER MAY CANCEL HIS/HER
MEMBERSHIP IN THE APPLICABLE PROGRAM OR PRODUCT PURCHASE FOR ANY REASON AND OBTAIN A FULL
REFUND OF HIS/HER FIRST PAYMENT IF HE/SHE DOES SO BY EMAILING
SUPPORT@RICKVALENTINE.COM (1) WITHIN 30 DAYS OF MAKING HIS/HER FIRST PAYMENT.
ADDITIONAL TERMS AND CONDITIONS MAY ALSO APPLY TO SPECIFIC PORTIONS, SERVICES
OR FEATURES OF THE WEBSITE. ALL SUCH ADDITIONAL TERMS AND CONDITIONS ARE
HEREBY INCORPORATED BY THIS REFERENCE INTO THESE TERMS OF USE.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
YOU MAY LINK TO OUR HOMEPAGE, PROVIDED YOU DO SO IN A WAY THAT IS FAIR AND
LEGAL AND DOES NOT DAMAGE OUR REPUTATION OR TAKE 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.
THE WEBSITE MAY PROVIDE CERTAIN SOCIAL MEDIA FEATURES THAT ENABLE YOU TO: (A)
LINK FROM YOUR OWN OR CERTAIN THIRD-PARTY WEBSITES TO CERTAIN CONTENT ON
THE WEBSITE; (B) SEND E-MAILS OR OTHER COMMUNICATIONS WITH CERTAIN CONTENT,
OR LINKS TO CERTAIN CONTENT, ON THE WEBSITE; OR (C) CAUSE LIMITED PORTIONS OF
CONTENT ON THE WEBSITE TO BE DISPLAYED OR APPEAR TO BE DISPLAYED ON YOUR OWN
OR CERTAIN THIRD-PARTY WEBSITES. YOU MAY USE THESE FEATURES SOLELY AS THEY ARE
PROVIDED BY US, SOLELY WITH RESPECT TO THE CONTENT THEY ARE DISPLAYED WITH,
AND OTHERWISE IN ACCORDANCE WITH ANY ADDITIONAL TERMS AND CONDITIONS WE
PROVIDE WITH RESPECT TO SUCH FEATURES.
SUBJECT TO THE FOREGOING, YOU MUST NOT (A) ESTABLISH A LINK FROM ANY WEBSITE
THAT IS NOT OWNED BY YOU; (B) CAUSE THE WEBSITE OR PORTIONS OF IT TO BE
DISPLAYED, OR APPEAR TO BE DISPLAYED BY, FOR EXAMPLE, FRAMING, DEEP LINKING OR
IN-LINE LINKING, ON ANY OTHER SITE; (C) LINK TO ANY PART OF THE WEBSITE OTHER
THAN THE HOMEPAGE; (D) OTHERWISE TAKE ANY ACTION WITH RESPECT TO THE
MATERIALS ON THIS WEBSITE THAT IS INCONSISTENT WITH ANY OTHER PROVISION OF
THESE TERMS OF USE. 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
IF THE WEBSITE CONTAINS LINKS TO OTHER SITES AND RESOURCES PROVIDED BY THIRD
PARTIES, THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. THIS INCLUDES
LINKS CONTAINED IN ADVERTISEMENTS, INCLUDING BANNER ADVERTISEMENTS AND
SPONSORED LINKS. WE HAVE NO CONTROL OVER THE CONTENTS OF THOSE SITES OR
RESOURCES, AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE
THAT MAY ARISE FROM YOUR USE OF THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD
PARTY WEBSITES LINKED TO THIS WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND
SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES.
GEOGRAPHIC RESTRICTIONS
THE OWNER OF THE WEBSITE IS BASED IN THE UNITED STATES. WE PROVIDE THIS WEBSITE
FOR USE ONLY BY PERSONS LOCATED IN THE UNITED STATES. WE MAKE NO CLAIMS THAT
THE WEBSITE OR ANY OF ITS CONTENT IS ACCESSIBLE OR APPROPRIATE OUTSIDE OF THE
UNITED STATES. ACCESS TO THE WEBSITE MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN
CERTAIN COUNTRIES. IF YOU ACCESS THE WEBSITE FROM OUTSIDE THE UNITED STATES,
YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH
LOCAL LAWS.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES
AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE 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 OR ANY 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, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS 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. WITHOUT
LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE
OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE 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.
WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT ACTING AS A FINANCIAL OR
LEGAL ADVISOR AND DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR
RESULT FROM USING THE WEBSITE OR FROM PARTICIPATING IN THE COMPANY’S
MEMBERSHIP PROGRAMS LOCATED ON ITS WEBSITES. 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.
LIMITATION ON LIABILITY
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, THE MEMBERSHIP
PROGRAMS AVAILABLE THROUGH THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH
OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,
LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES,
LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS
AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS,
AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES)
ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR
USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS,
ANY USE OF THE WEBSITE’S CONTENT, SERVICES AND PRODUCTS OTHER THAN AS
EXPRESSLY AUTHORIZED IN THESE TERMS OF USE OR YOUR USE OF ANY INFORMATION
OBTAINED FROM THE WEBSITE.
GOVERNING LAW AND JURISDICTION
ALL MATTERS RELATING TO THE WEBSITE AND THESE TERMS OF USE AND ANY DISPUTE OR
CLAIM ARISING THEREFROM OR RELATED THERETO (IN EACH CASE, INCLUDING NONCONTRACTUAL
DISPUTES OR CLAIMS), SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF California WITHOUT GIVING
EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE
STATE OF CALIFORNIA OR ANY OTHER JURISDICTION).
ANY LEGAL SUIT, ACTION OR PROCEEDING COMMENCED BY YOU AND ARISING OUT OF, OR
RELATED TO, THESE TERMS OF USE OR THE WEBSITE SHALL BE INSTITUTED EXCLUSIVELY IN
THE STATE OR FEDERAL DISTRICT COURTS LOCATED IN san diego COUNTY, CALIFORNIA.
NOTWITHSTANDING THE FOREGOING, WE RETAIN THE RIGHT TO BRING ANY SUIT, ACTION
OR PROCEEDING AGAINST YOU FOR BREACH OF THESE TERMS OF USE IN san diego COUNTY,
CALIFORNIA OR IN YOUR COUNTY OF RESIDENCE (IF IN THE UNITED STATES) OR ANY
PERMISSIBLE VENUE (IF OUTSIDE THE UNITED STATES). YOU WAIVE ANY AND ALL
OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO
VENUE IN SUCH COURTS.
ARBITRATION
AT THE COMPANY’S SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES
ARISING FROM THE USE OF THESE TERMS OF USE OR THE WEBSITE, INCLUDING DISPUTES
ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NONPERFORMANCE,
OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE
RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING California LAW.
WAIVER AND SEVERABILITY
NO WAIVER BY THE COMPANY OF ANY TERM OR CONDITION SET FORTH IN THESE TERMS
OF USE SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR
CONDITION OR A WAIVER OF ANY OTHER TERM OR CONDITION, AND ANY FAILURE OF THE
COMPANY TO ASSERT A RIGHT OR PROVISION UNDER THESE TERMS OF USE SHALL NOT
CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
IF ANY PROVISION OF THESE TERMS OF USE IS HELD BY A COURT OR OTHER TRIBUNAL OF
COMPETENT JURISDICTION TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY
REASON, SUCH PROVISION SHALL BE ELIMINATED OR LIMITED TO THE MINIMUM EXTENT
SUCH THAT THE REMAINING PROVISIONS OF THE TERMS OF USE WILL CONTINUE IN FULL
FORCE AND EFFECT.
ENTIRE AGREEMENT
THE TERMS OF USE AND THE OTHER DOCUMENTS SPECIFICALLY INCORPORATED HEREIN
CONSTITUTE THE SOLE AND ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH
RESPECT TO THE WEBSITE AND SUPERSEDE ALL PRIOR AND CONTEMPORANEOUS
UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS AND WARRANTIES, BOTH WRITTEN
AND ORAL, WITH RESPECT TO THE WEBSITE. NEITHER YOU NOR COMPANY ARE RELYING
ON ANY REPRESENTATION NOT CONTAINED HEREIN (OR IN THE OTHER DOCUMENTS
SPECIFICALLY INCORPORATED HEREIN).
CONTACTING US
IF YOU NEED TO CONTACT US, PLEASE EMAIL US AT SUPPORT@RICKVALENTINE.COM.
Copyright 2018 - Rick Valentine, Build It 4 Me LLC - All Rights Reserved