INNER WILD BIRTH SUPPORT, LLC
INTELLECTUAL PROPERTY/DMCA NOTICE
No rights are granted to You except as provided in this Agreement. We either own or license all copyrights, trademarks, technology and all other intellectual property rights (collectively, “Intellectual Property”) pertaining to the functionality of Our Website and that are displayed on Our website. We are the copyright owner of Our website and the manner in which content is displayed except where other parties may own trademarks or copyrighted material appearing on Our website. All rights are reserved to Us or the respective licensors of Intellectual Property used by Us. You may not copy or make use (other than in conjunction with Your use of Our website) or seek to reverse engineer any of Our Intellectual Property. Each Visitor to Our website acknowledges, covenants and represents to Us that content on Our website may be the intellectual property of third-parties. It is the sole responsibility of each Visitor to ascertain the rights a Visitor may have to use content appearing on this website. In the event that a copyright holder has a good faith belief that material appearing on this website is not authorized, such copyright holder should send the letter authorized by Section 512 (c) of the Digital Millennium Copyright Act (“DMCA”) to: email@example.com . You must include the following information with your DMCA Notice:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMER OF WARRANTIES / LIMIT OF LIABILITY / PRODUCT IMPROVEMENTS
WE DO NOT MAKE ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR CONDITION, PERFORMANCE, SUITABILITY OR DESIGN OR CONFORMITY WITH OR TO ANY LAW, RULE, REGULATION, AGREEMENT OR SPECIFICATION, OR OF INFRINGEMENT OF ANY PATENT, TRADE SECRET, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. THE USE OF OUR WEBSITE, ITS CONTENT, INCLUDING IMAGES, IS USED BY VISITORS “AS IS” AND WITHOUT ANY REPRESENTATION THAT OUR WEBSITE WILL WORK ON ANY PARTICULAR COMPUTER, COMPUTER OPERATING SYSTEM OR PLATFORM OR THAT OUR WEBSITE DOES NOT CONTAIN ANY MALICIOUS CODE, INCLUDING, BUT NOT LIMITED TO ANY AND ALL “VIRUSES,” “TROJAN HORSES” OR “RANSOMWARE.”
WE SHALL HAVE NO LIABILITY TO ANY VISITOR (OR ANY OTHER PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF A VISITOR OR TO ANY OTHER PERSON OR ENTITY CLAIMING TO BE A THIRD-PARTY BENEFICIARY, INCLUDING, BUT NOT LIMITED TO, FAMILY MEMBERS OR EMPLOYEES OF A VISITOR), NOR SHALL WE, OUR SHAREHOLDERS, MEMBERS, OFFICERS, AGENTS (INCLUDING OUR ATTORNEYS, EMPLOYEES, AUTHORS, DEVELOPERS AND CONSULTANTS) BE RESPONSIBLE OR LIABLE FOR ANY LOSS, CLAIM OR DAMAGE OF ANY KIND CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY USE OF OUR SERVICES OR WEBSITE (INCLUDING THE HOSTING BY US OF A PRODUCT , CONTENT , SERVICE OR ADVERTISEMENT APPEARING ON OUR WEBSITE), WHETHER KNOWN, UNKNOWN OR KNOWABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, BY ANY INCIDENT WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR SERVICE OR PRODUCTS OFFERED FOR SALE ON OUR WEBSITE WHETHER IN STRICT LIABILITY, CONTRACT, TORT, STATUTORILY, UNDER THE COMMON LAW, UNDER LAWS RELATING TO INTELLECTUAL PROPERTY RIGHTS OR UNFAIR COMPETITION. NO RIGHTS OR REMEDIES CONTAINED IN THE UNIFORM COMMERCIAL CODE ARE CONFERRED ON VISITORS. THE MAXIMUM AMOUNT OF DAMAGES THAT MAY BE AWARDED AGAINST US, OUR SHAREHOLDERS, DIRECTORS, MEMBERS, OFFICERS, AGENTS, OUR ATTORNEYS AND EMPLOYEES SHALL BE THE PRICE PAID BY A VISITOR FOR THE COST OF ACCESSING OUR WEBSITE ON THE INTERNET. THIS LIMITATION OF DAMAGES SHALL APPLY TO ALL CAUSES OF ACTION REGARDLESS OF HOW PLEAD, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, STRICT LIABILITY, CONTRACT, TORT, STATUTORILY, UNDER THE COMMON LAW, UNDER LAWS RELATING TO INTELLECTUAL PROPERTY RIGHTS OR UNFAIR COMPETITION.
WITH RESPECT TO CONTENT ON OUR WEBSITE, INCLUDING CONTENT PROVIDED BY THIRD- PARTIES, ALL VISITORS ARE HEREBY NOTIFIED THAT THE INFORMATION CONTAINED ON OUR WEBSITE IS FOR GENERAL PURPOSES ONLY. SOME OF THE INFORMATION MAY BE FROM THIRD- PARTY VENDORS, PROFESSIONALS, AND OTHER USERS. WE DISCLAIM ANY OBLIGATION TO YOU TO VERIFY THE ACCURACY OF SUCH CONTENT AND YOU ARE EXPRESSLY INFORMED THAT WE DO NOT VERIFY THE ACCURACY OF ANY SUCH CONTENT. YOU SPECIFICALLY RELEASE US FROM ANY CLAIMS THAT YOU MAY HAVE NOW OR IN THE FUTURE BECAUSE OF SUCH ADVERTISING OR CONTENT, AND YOU REPRESENT TO US THAT IT IS YOUR OBLIGATION ALONE TO CHECK THE ACCURACY OF SUCH ADVERTISING OR CONTENT, INCLUDING CLAIMS THAT ARE MADE IN ADVERTISING OR CONTENT APPEARING ON OUR WEBSITE.
WE TRY TO KEEP INAPPROPRIATE CONTENT, INCLUDING PORNOGRAPHIC CONTENT, OFF OUR WEBSITE, AND RESERVE THE RIGHT, IN OUR SOLE AND COMPLETE DISCRETION, TO REMOVE ANY CONTENT THAT WE BELIEVE INAPPROPRIATE FOR ANY REASON, OR FOR NO REASON AT ALL, BUT WE HAVE NO OBLIGATION TO DO SO. ACCORDINGLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE BIOGRAPHICAL INFORMATION, ADVERTISING, CONTENT, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. ANY RELIANCE A VISITOR PLACES ON SUCH BIOGRAPHICAL INFORMATION, ADVERTISING, CONTENT, PRODUCTS, SERVICES, OR RELATED GRAPHICS IS THEREFORE STRICTLY AT THE VISITOR’S OWN RISK. LINKS TO THIRD-PARTY WEBSITES ARE NOT TO BE TAKEN AS OUR ENDORSEMENT OF SUCH WEBSITES OR THE CONTENT ON SUCH WEBSITES. SUCH CONTENT IS NOT UNDER OUR CONTROL. WE HAVE NO CONTROL OVER THE NATURE, CONTENT, AND AVAILABILITY OF THOSE SITES.
WE CONSTANTLY ARE IMPROVING OUR WEBSITE AND THE MANNER IN WHICH PRODUCTS AND SERVICES ARE SHOWN ON OUR WEBSITE. FURTHER, THE CONTENT OF ADVERTISING MAY CHANGE. WE DISCLAIM ANY OBLIGATION TO INFORM VISITORS AND PREVIOUS VISITORS OF SUCH IMPROVEMENTS OR CHANGES.
WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO (A) ACCEPT OR DECLINE THIRD PARTY CONTENT, PRODUCTS, SERVICES, OR RELATED GRAPHICS AND TO DISCONTINUE ANY AND ALL CONTENT IN OUR SOLE DISCRETION AND (B) CHANGE THE SERVICES OFFERED BY US ON OUR WEBSITE OR OTHERWISE OFFERED AT OUR SOLE DISCRETION AND WITHOUT NOTICE TO OUR VISITORS.
You and We hereby agree that this Agreement will be governed exclusively by the laws of the State of Florida as applied by the courts (federal and state) of such state to contracts made and performed entirely within the State of Florida. No presumption concerning the drafting of this Agreement shall be made against Us for any reason by any court determining a claim against Us.
EXCLUSIVE JURISDICTION / VENUE
YOU AND WE HEREBY CONSENT AND AGREE THAT THE CIRCUIT COURT OR COUNTY COURT HAVING JURISDICTION OVER PALM BEACH COUNTY, FLORIDA OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION, SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OVER ANY SUIT, ACTION, PROCEEDING OR CONTROVERSY ARISING UNDER, OUT OF OR RELATING TO THIS AGREEMENT AND OUR PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE AND SUCH COURT SHALL BE THE SOLE, EXCLUSIVE AND PROPER FORUM AND VENUE IN WHICH TO ADJUDICATE ANY SUCH SUIT, ACTION, PROCEEDING OR CONTROVERSY. THE PARTIES AGREE THAT SERVICE OF PROCESS MADE IN ACCORDANCE WITH THE LAW AND RULES APPLICABLE TO SUCH COURTS SHALL BE DEEMED PROPER AND EFFECTIVE.
WAIVER OF TRIAL BY JURY
YOU AND WE AGREE TO, AND DO, HEREBY WAIVE TRIAL BY JURY.
In any suit, action, arbitration, proceeding or controversy between Us, Our shareholders, directors, members, officers, agents, consultants, authors, employees, attorneys, and You or anyone acting by or through You, You agree to pay to Us, Our shareholders, directors members, officers, agents, consultants, authors, employees and attorneys Our and their reasonable attorneys’ fees and costs including out-of-pocket costs, at both the trial and appeal level.
You are not to use Our website, its content and/or services displayed on Our website other than as authorized by this Agreement. All rights not expressly granted to You by this Agreement are expressly reserved to Us.
In addition to the prohibitions specified elsewhere in this Agreement, Visitors are prohibited from any of the following actions which, by example and not limitation, include:
- The use of Our services or this website for any unlawful purpose including the violation of applicable laws.
- Duplicating by any means the content of this website or allowing any third-party access to duplicate such content.
- Selling any content contained on Our website.
In the event that We, Our shareholders, directors, members, officers, agents, consultants, employees and/or attorneys are exposed to any claims, damages, judgments, litigation or liability by reason of any content appearing on Our website (or the content of which is furnished by third parties to Us for placement by Us on Our website or placed on Our website by third parties whether with or without Our authorization) the Visitor who placed such content on Our Website or who caused other persons or entities to place such content on Our website (or the content of which is furnished to Us for placement by Us on Our website), agree, jointly and severally, to indemnify and hold Us, Our members, shareholders, directors, officers, agents, consultants, authors, employees and attorneys harmless from any such claims, damages, judgments litigation or liability, including reasonable attorneys’ fee and costs. For the purpose of this Indemnity, the word Visitor, includes the employees, agents and independent contractors, respectively of each of such Visitor, Client or Person.
If for any reason any provision of this Agreement shall be deemed to be legally invalid or unenforceable in any jurisdiction to which it applies by a court of competent jurisdiction, the validity of the remainder of the Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.
ENTIRE AGREEMENT / WAIVER
The captions and headings used in this Agreement are for convenience only and do not in any way limit, amplify, or otherwise modify the provisions of this Agreement.
GENDER AND NUMBER
Whenever appropriate, references in this Agreement in any gender shall be construed to include all other genders, references in the singular shall be construed to include the plural, and references in the plural shall be construed to include the singular unless the context clearly indicates to the contrary. The use of the words “You,” “Your,” “Our,” “Us” and “We” shall include the agents and employees of each.
This Agreement is personal to You and cannot be assigned by You. Any attempt to assign this Agreement or any rights granted to You under this Agreement by You is void. We may assign this Agreement to any third-party in Our sole discretion.
COPY OF THIS AGREEMENT
Copies of this Agreement can be obtained by sending a request to: firstname.lastname@example.org .