TERMS OF SERVICE

 

1. GENERAL RULES AND DEFINITIONS

 

a. If you choose to use LoriRassas.com (the "Site"), any of the features of this Site, including but not limited to downloads (collectively, the "LR Services"), you will be agreeing to abide by all of the terms and conditions of these Terms of Service and other policies, including the Privacy Policy, between you and Lori B. Rassas LLC ("LBRLLC," "us," or "we").

 

b. We may change, add, or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site, and by continuing to use this Site, you agree to any changes.

 

c. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, IMMEDIATELY CEASE YOUR USE OF THIS WEBSITE, UNSUBSCRIBE TO THE BLOG BY FOLLOWING THE UNSUBSCRIBE LINK AT THE BOTTOM OF EMAIL ALERTS, OR LOG INTO WORDPRESS.COM AND FOLLOW THE INSTRUCTIONS. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

 

d. We may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

 

e. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights. Any such license is revocable at any time without notice and with or without cause.

 

2. NO ATTORNEY-CLIENT RELATIONSHIP

 

a. The Site is presented for informational purposes only. Your use of any of the Site does not create an attorney-client relationship with Lori B. Rassas or LBRLLC, nor does such use constitute the receipt of legal advice from Lori B. Rassas or LBRLLC. A detailed confidential discussion of your specific circumstance with an attorney(s) is an integral and necessary component of being represented in a legal capacity, and neither LBRLLC, nor Lori Rassas, is offering legal advice or legal services of any kind whatsoever through this website. No user of the Site, whether or not the user is an existing client of LBRLLC, should act or refrain from acting based on the content of any of the Site without seeking appropriate legal counsel from a properly licensed attorney. Although the information contained in the Site is not intended to be advertising, some material may be considered advertising under the professional rules of conduct in some states. The information is not intended to be legal advice and LBRLLC is unable to represent a client that may come to the firm for legal assistance from a jurisdiction where the material provided on the relevant Site does not comply with local state ethics rules, if that client came to us directly as a result of material they viewed on such Site.

 

3. CONTENT OF THE SERVICES

 

a. The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published in the Services (including, but not limited to, news articles, photographs, images, illustrations, audio clips, and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by LBRLLC, the party credited as the provider of the Content, or the creator who maintains the copyright, whether explicitly stated or not. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

 

b. The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, (except as provided in Section 2(c) of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

 

c. You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from LBRLLC, or the copyright holder identified in the copyright notice contained in the Content. All rights reserved. d. The Content of the Services is owned or licensed to LBRLLC. Certain Content is furnished by third parties, who will not be liable for any delays, inaccuracies, errors, or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

 

e. The Services contain links to other related Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

 

4. SUBMISSIONS AND RULES OF CONDUCT

 

a. You are responsible for the information, data, personal information, and any other content that you upload, publish, modify, or display on or through the Site or Service (a "Submission" and collectively, the "Submissions").
 

b. You shall not submit any content ("Submissions") that: i. is false, inaccurate, or misleading; infringes on any third party's copyright, patent, trademark, ii. contains any computer programming routines such as viruses, Trojan horses, time bombs, or trade secret, or other proprietary rights, or rights of publicity or privacy; violates any law or regulation; is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening, harassing, or contains hate speech; is obscene or contains pornography; other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information; or iii. is not owned or controlled by you.

 

c. By uploading, publishing, modifying, or displaying Submissions to any part of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such Submission for any purpose on or in connection with the Service or Site.

 

d. You further agree not to use the Site or Service: i. to violate any applicable law; ii. for data mining or data gathering or extraction methods; iii. to interfere with another user's use of the Site or Service; iv. to disrupt security of the Site or Service or disrupt networks connected to the Site or v. to send or transmit "spam" or unsolicited messages; or vi. for a commercial purpose.

 

5. REPRESENTATIONS AND WARRANTIES

 

a. You represent, warrant, and covenant that you are at least eighteen years old, own or control any content of the Submissions, and shall abide by these Terms of Service as they may change from time to time. You hereby indemnify, defend, and hold harmless LBRLLC and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties, and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. LBRLLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. b. LBRLLC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

 

6. CREDIT CARD INFORMATION

 

a. We do not collect any personal information on this website other than email addresses provided through the blog subscription link. Any link connected to a third party, such as a link to purchase a book, training program, or other product or service, will be governed by the terms and conditions of those third party websites. You should review such third party terms and conditions before entering into any transaction. We are not liable or responsible for such third party transactions.

 

b. We do not collect or retain any personal information other than your email address provided for the blog subscription.

 

7. COMMUNICATIONS BETWEEN LBRLLC AND USERS

 

a. If you register for the LBRLLC email alerts and blog, LBRLLC reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service or Site if LBRLLC, in its sole discretion, determines the changes are significant and material. b. LBRLLC may contact you via email regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.

 

8. SOFTWARE LICENSES

 

a. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services ("Software"). You may not sublicense, assign, or transfer any licenses granted by LoriRassas.com, and any attempt at such sublicense, assignment, or transfer shall be null and void. You may make one copy of such Software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from the Software.

 

9. TERMINATION

 

a. LBRLLC may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.

 

10. MISCELLANEOUS

 

a. These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New York City.

 

b. IF YOU ARE A USER ACCESSING THE SITE OR SERVICE FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SERVICES, WHICH ARE GOVERNED BY UNITED STATES LAW, THIS PRIVACY POLICY, AND OUR TERMS OF USE, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION COLLECTED, IF ANY, MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.

 

c. You agree to report any copyright violations of the Terms of Service to LBRLLC as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Site or if you have any other questions regarding these Terms of Service, please notify lori@lorirassas.com.

 

11. SITE CONTENT—DISCLAIMER AND LIMITATION OF LIABILITY

 

a. THE SITE AND ALL CONTENT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY RELATING TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE OUR SITES OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY SITE OR CONTENT IS ACCURATE, COMPLETE, AND ERROR FREE. ALTHOUGH LBRLLC ENDEAVORS TO ENSURE THAT THE CONTENT OF EACH SITE IS ACCURATE AND UP TO DATE (EVEN THOUGH IT IS UNDER NO OBLIGATION TO DO SO), LBRLLC IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED USE. YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR SITES.

 

b. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, COST, AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR SITES, CONTENT, ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF OUR SITE OR CONTENT, OR OUR TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

c. THIS SECTION 11 DOES NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW, THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100).

 

d. The Terms of Service cannot be modified except as described herein or in a written amendment signed by an authorized representative. No electronic or digital communication of any kind is to be construed as a "writing" for purposes of amending or modifying our Terms and Conditions or the rights or obligations of the parties hereunder. Any provision that must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any claim, demand, or action against us, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

 

e. If we believe or have reason to believe or are notified of anything that could compromise or endanger the health or safety of any person, could damage persons or property (tangible or intangible), could adversely affect, infringe upon, or misappropriate the rights of others, harasses or interferes with any other user, person, firm, or enterprise, interferes with or bypasses our security or other protective measures, or violates any law or regulation or these Terms and Conditions, including our Privacy Policy, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.