Introduction
Use of this website, and information distributed in
conjunction with this website, is offered to you on your
acceptance of these Terms and Conditions, our Privacy Policy,
and other notices and agreements posted on this website. Your
use of this website or of any content presented in any and all
areas of the website indicates your acknowledgment and
agreement to these Terms and Conditions, our Privacy Policy,
and other notices and agreements posted on this website. If
you do not agree to be bound by and comply with all of the
foregoing, you may not access or use our website. We suggest
you print a copy of each of these documents for your records.
One InSpirit LLC or
www.topwomencoaches.com (“the Company”), shall have the
right, at its sole discretion, to modify, add or remove any
terms or conditions of these Terms and Conditions without
notice or liability to you. Any changes to these Terms and
Conditions shall be effective immediately following the
posting of such changes on this Website. You agree to review
these Terms and Conditions from time to time and agree that
any subsequent use by you of this website following changes to
these Terms and Conditions shall constitute your acceptance of
all such changes.
IN USING THIS WEBSITE AND UPLOADING DATA AND INFORMATION, YOU
ARE AFFIRMING THAT YOU ARE 18 YEARS OF AGE OR OLDER. VISITORS
TO THIS WEBSITE UNDER THE AGE OF 18 MAY NOT REGISTER OR
OTHERWISE MAKE USE OF THIS WEBSITE.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE
THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR
ANY FEATURE OR PART THEREOF AT ANY TIME AND IN OUR SOLE
DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY
MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF USE.
Use of Website
The Company authorizes you to view and access a single copy of
the content available on or from www.topwomencoaches.com (the
"Website") solely for your use.
Your Conduct
This website may be used only for lawful purposes of this
website may be used only for lawful purposes of accessing
health and wellness information and services, including grief
coaching. The Company specifically prohibits any use of the
website, and all users agree not to use the website, for any
purposes other than designated by the Company, including but
not limited to:
The uploading or storage of files and information related to
pornography, or that are defamatory, abusive, obscene,
threatening, harassing, or racially offensive.
Using any device, software or routine to interfere or attempt
to interfere with the proper working of this Website or any
activity being conducted on this Website.
Taking any action that imposes an unreasonable or
disproportionately large load on this Website's
infrastructure.
If you have a password allowing access to a non-public area of
this Website, disclosing or sharing your password with any
third parties or using your password for any unauthorized
purpose.
Using or attempting to use any engine, software, tool, agent
or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Website other than the search engine
and search agents available from Company and other generally
available third party web browsers.
Attempting to decipher, decompile, disassemble or reverse
engineer any part of this Website or the software comprising
this Website.
Aggregating, copying or duplicating in any manner any of the
website content or information available from this Website.
Framing of or linking to any of the Website content or
information available from this Website.
Participating in a denial-of-service attack against this
Website or against any other website or computer environment
by using this Website.
Collecting or attempting to collect any information of others,
including passwords and account or other information, or
providing to or transmitting through this Website any material
that is unlawful or violates the rights of others.
Engaging in any screen scraping or data acquisition and
consolidation.
Copying or adapting the HTML, asp.net, vd.net, XML, java
script or any other dynamic code that the Company creates to
generate any Website content or the pages making up this
Website.
Infringing the intellectual property rights of others in any
way.
Making any unauthorized commercial use of this Website.
Site Security Rules
Users are prohibited from violating or attempting to violate
the security of this Website, including, without limitation,
(a) accessing data not intended for such user or logging into
a server or account which the user is not authorized to
access, (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization, (c)
attempting to interfere with service to any user, host or
network, including, without limitation, via means of
submitting a virus to this website, overloading, "flooding",
"spamming", "mailbombing" or "crashing", or (d) forging any
TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting. Violations of system or
network security may result in civil or criminal liability.
The Company will investigate occurrences that may involve such
violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved
in such violations.
User Information
You are solely responsible for the data and information that
you input or upload to the website. The Company reserves the
right in its sole discretion to decide whether the data and
information that you input or upload to the Website are
appropriate and complies with these Terms and Conditions and
other of the Company’s website policies.
When you register for the website, you will be asked to
provide Company with certain information including, without
limitation, a valid email address (your "Information"). In
addition to the terms that may be set forth in any Privacy
Policy on this Website, you understand and agree that Company
may disclose to third parties, on an anonymous basis, certain
aggregate information contained in your registration
application. Company will not disclose to any third party your
name, address, e-mail address or telephone number without your
prior consent, except to the extent necessary or appropriate
to comply with applicable laws or in legal proceedings where
such information is relevant. Company reserves the right to
offer third party services and products to you based on the
preferences that you identify in your registration and at any
time thereafter; such offers may be made by the Company or by
third parties. Please see the Company's Privacy Statement for
further details regarding your Information.
By submitting content or information, including but not
limited to your personal information to any public or
non-public area of this website, you acknowledge that any such
content or information is not confidential and that such
content or information is accurate and true. You grant the
Company the royalty-free, perpetual, irrevocable,
sublicenseable (through multiple tiers), non-exclusive right
(including any moral rights) and license, without restrictions
of any kind, without any payment or other consideration of any
kind, and without permission or notification to you or any
third party, to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
communicate to the public, perform and display the content and
information (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of
any rights that may exist in such content. You also permit any
visitor to the website to access, display, view, store and
reproduce such content.
Registration and Password
You are responsible for maintaining the confidentiality of
your information uploaded to the website and your user name
and password. You shall be responsible for all uses of such
information, whether or not authorized by you. You agree to
immediately notify US of any unauthorized use of your username
or password. Your username and password may not be transferred
or assigned.
Use of Website Content
For all visitors to the website, the content on the website
represents the information as at the date of publication. As
conditions change, the Company reserves the right to alter and
update the content to reflect the new conditions.
The Company does not assume any responsibility for errors,
inaccuracies, typographical errors or omissions in any of the
articles or information posted on the Website.
The advice, coaching, and information contained on or offered
through this site is for informational purposes, might not be
suitable for your own personal circumstances, and cannot serve
as a substitute for face-to-face professional advice.
Therefore, the appropriate professionals should be consulted.
This material is offered with the understanding that the
Company assumes no responsibility or liability whatsoever on
the behalf of any member who directly or indirectly acts on
the advice, coaching, and information contained on or offered
through this site.
This website may contain certain historical information.
Historical information necessarily is not current and is
provided for your reference only. Further, the Company is not
responsible if information that made available on this site is
not accurate, reliable, complete, timely, or current. Any
reliance upon the material on this site will be at your own
risk. We reserve the right to modify the contents of the site
at any time, but we have no obligation to update any
information on this site. You agree that it is your
responsibility to monitor changes to the site.
Use of Website Services
The Company is only a conduit for those seeking coaching with
individuals who are able to offer coaching. The Company does
not offer such services, does not assess your needs, and the
third parties who are offering such services are not
employees, agents, or representatives of the Company. The
Company has no obligation or responsibility to screen or
verify the information posted by Coaches, it cannot and does
not represent or warrant the veracity, qualifications, skills,
credentials, and experience of any Coach, nor does it have the
obligation or responsibility to screen or monitor
communications between the member and the Coach. It is your
responsibility to verify the credentials of each coach. The
Company makes no endorsement of any Coach using this website.
The Company is under no legal obligation to, and generally
does not, control or monitor the information provided by
Coaches that is made available through the website, nor can it
authenticate, guarantee the appropriateness, accuracy,
reliability or endorse such information, and it has no
liability or responsibility for such information. You
acknowledge that any reliance on the information obtained
through this website will be at your own risk.
The Company is not involved in the actual transaction between
you and the Coaches. As a result, the Company has no control
over the quality and safety or legality of the information or
coaching obtained through this website. In addition, there are
risks, including but not limited to the risk of physical harm,
in dealing with strangers, foreign nationals, underage
persons, or people acting under false pretenses. You assume
all risks associated with dealing with other users with whom
you come in contact through this website, and Company has no
responsibility or liability for any transactions, online or
offline, between you and any third party.
The Company makes no representation that any member will find
that the coaching obtained will be satisfactory, complete, or
be of benefit. The coaching obtained through this website is
informational only and it is not intended to replace
professional advice and coaching. The Company is not liable
for any damages sustained upon your reliance on the
information received from any Coach.
Because user authentication on the Internet is difficult, the
Company cannot and does not confirm that each Coach is who
they claim to be. It does not and cannot be involved in
member-to-Coach dealings or control the behavior of
participants on this website; consequently in the event that
you have a dispute with a Coach, you release the Company (and
our agents, directors, officers and employees) from claims,
demands and damages (actual and consequential, direct and
indirect) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If You are
a California resident in the United States, you waive
California Civil Code d1542, which says: "A general release
does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected
his settlement with the debtor."
You hereby release and agree to hold harmless the Company, its
directors, officers, employees, agents, successors, advisors,
consultants, and assigns from any and all causes of action and
claims of any nature resulting from the acts of Coach accessed
through the website.
Coaches Responsibilities
Coaches warrant and represent that they are 18 years of age
and have the requisite professional experience to offer
coaches service in accordance with the service offerings of
this website.
Coaches warrant and represent that Coaches are voluntarily
registering on this website, that coaching advice provided
through this website is not confidential or under any
confidentiality restriction, that Coaches acknowledge that the
Company is under no obligation to treat any idea as secret or
confidential.
Coaches warrant and represent that the personal and
professional information supplied by Coaches, including but
not limited to skills and experience, is accurate and that
Coaches shall notify the Company promptly of any material
change in such personal and professional information.
Coaches warrant and represent that all content and information
posted by Coaches on this website, including but not limited
coaching services, does not infringe upon the rights of any
third parties, including but not limited to copyrights.
Coaches also warrant and represent that if Coaches are not the
holder of the rights granted herein, that the holder of any
rights, including moral rights in such content or information,
has completely and effectively waived all such rights and
validly and irrevocably granted to Coaches the right to grant
the rights to the Company as stated above.
Coaches warrant and represent that Coaches will provide only
the services for which Coaches are qualified, that Coaches are
authorized to provide the services that Coaches are offering
through this website, that Coaches are in compliance with the
rules, regulations, and license requirements of coaching
profession or the jurisdiction in which Coaches live, and that
Coaches will undertake no activity through this website that
is in violation of any such rules, regulations, and license
requirements.
Coaches warrant and represent that they have the requisite
licenses, if any are required, and are in good legal standing
in the jurisdiction(s) in which they offer their services.
Coaches will indemnify and hold harmless the Company, its
employees, agents, representatives, affiliates, subsidiaries,
and third party designees from and against any claims,
damages, liabilities, costs and expenses, including reasonable
attorney’s fees, arising out of coaching violation of these
warranties and representations, or for any other violation or
breach of these terms and conditions.
All payments to Coaches are made by members, and the Company
has no responsibility or liability to Coaches for any payments
to which Coaches may be entitled through the use of this
website or through clients obtained on this website.
Customer Comments
We appreciate hearing from our users and welcome your comments
regarding our services and the website. Please be advised,
however, that our policy does not permit us to accept or
consider creative ideas, suggestions, inventions or materials
other than those that we have specifically requested. While we
do value your feedback on our services, please be specific in
your comments regarding our services and do not submit
creative ideas, inventions, suggestions, or materials. If,
despite our request, you send us creative suggestions, ideas,
drawings, concepts, inventions, or other information
(collectively the "Submission"), the Submission shall be the
property of Company. None of the Submissions shall be subject
to any obligation of confidence on our part and we shall not
be liable for any use or disclosure of any Submission. Company
shall own exclusively all now known or later discovered rights
to the Submission and shall be entitled to unrestricted use of
the Submission for any purpose whatsoever, commercial or
otherwise, without compensation to the user or any other
person who submitted the Submission.
Registration and Password
You are responsible for maintaining the confidentiality of
your information uploaded to the website and your user name
and password. You shall be responsible for all uses of such
information, whether or not authorized by you. You agree to
immediately notify the Company of any unauthorized use of your
username or password. Your username and password may not be
transferred or assigned.
Identification of Agent to Receive Notification and Elements
of Notification of Claimed Copyright Infringement
If you believe that any copyrighted work has been uploaded to
this Website and is accessible on this Website in a way that
constitutes copyright infringement, please notify us by
providing our designated copyright agent with the following
information:
- The physical or electronic signature of either the
copyright owner or of a person authorized to act on the
owner's behalf;
- A description of the copyrighted work you claim has been
infringed, and a description of the activity that you claim
to be infringing;
- Identification of the URL or other specific location on
this website where the material or activity you claim to be
infringing is located or is occurring; you must include
enough information to allow us to locate the material or the
activity;
- Your name, address, telephone number, and e-mail
address;
- A statement by you that you have a good faith belief
that use on the website of the copyrighted work in the
manner you are complaining of is not authorized by the
copyright owner, any agent of the copyright owner, or the
law; and
- A statement by you, made under penalty of perjury, that
the information you have provided in your notice is accurate
and that you are either the copyright owner or are
authorized to act on behalf of the copyright owner.
We have designated Laurence Singer as our agent to receive
notices of claims of copyright infringement on our website.
You can contact Mr. Singer as follows:
Mail: 266 Loma Entrada, Santa fe NM 87501
Telephone: 1 646 327-8772
Email:
ls@laurencesinger.com
Intellectual Property
“topwomencoaches”, and any other Company trademarks and trade
names, now existing or created in the future, and any
variations thereof, are and shall remain the trademarks and
trade names and exclusive property of Company, and any
unauthorized use of such trademarks and trade names is
unlawful. Other trademarks on this website are the property of
their respective owners, and may not be used by you in any
form.
This site (including without limitation all programs, complied
binaries, interface layout, interface text, documentation and
graphics) is the property of Company and is protected by
copyright laws of Australia and other countries. The Company
reserves any rights not expressly granted to you.
You may not sell or modify the Website content or reproduce,
display, publicly perform, distribute, or otherwise use the
Website content in any way for any public, commercial, or
non-commercial purpose. The use of the Website content on any
other website or in a networked computer environment for any
purpose is prohibited.
Links
This website may contain links to other sites and banner ads
that take a visitor to another website. Please be aware that
the Company is not responsible for the content or terms of use
of such other sites. Users are encouraged to be aware of the
specific content on the other websites when they leave this
site and to read the applicable terms of use and other website
requirements.
DISCLAIMERS
COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE
ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF
THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE
COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS
FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE,
TEXT, GRAPHICS, AND LINKS.
COMPANY DOES NOT WARRANT THE ADVICE OR INFORMATION OBTAINED BY
YOU FROM ANY COACH ASSESSED THROUGH THIS WEBSITE.
THE TRANSMISSION OF FILES AND INFORMATION (INCLUDING
COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY
ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE
LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT.
ACCORDINGLY, COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY
DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT
OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY
ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE
EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN
YOUR PERSONAL INFORMATION). WHILE COMPANY TAKES COMMERCIALLY
REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION
YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH
OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU
PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY
FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY
LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH
INFORMATION IS INADVERTENTLY RELEASED BY COMPANY OR ACCESSED
BY THIRD PARTIES WITHOUT OUR CONSENT.
COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE DATA AND
INFORMATION YOU HAVE UPLOADED TO THE WEBSITE, AND SHALL NOT BE
RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION,
DESTRUCTION, DAMAGE, OR LOSS OF FILES AND DATA, OR FAILURE TO
STORE ANY FILES OR INFORMATION. NOR IS THE COMPANY RESPONSIBLE
FOR LOSS OF FILES OR INFORMATION THROUGH THE ACTION OF ANY
THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S
CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF
ALL OF THE DATA AND INFORMATION TRANSFERRED TO THE SITE.
YOU ARE RESPONSIBLE FOR ENSURING THAT THE CONTENT YOU INPUT ON
THIS WEBSITE IS ACCURATE AND APPLICABLE TO YOUR PERSONAL
SITUATION. NEITHER THE SOFTWARE PROVIDED NOR THE COMPANY CAN
VERIFY YOUR INPUT AND THEREFORE CANNOT BE LIABLE FOR THE
INACCURACY OR UNSUITABILITY OF CONTENT INPUTTED BY YOU.
YOU UNDERSTAND THAT YOUR INFORMATION WILL BE STORED,
PROCESSED, AND BE ACCESSIBLE FOR RETRIEVAL FROM THE COMPANY’S
WEBSITE, AND YOU CONSENT TO SUCH STORAGE, PROCESSING, AND
RETRIEVAL. THE SOFTWARE ACCESSIBLE TO YOU ON THE WEBSITE WILL
ACCOMPLISH THE STORAGE, PROCESSING, AND RETRIEVAL WHEN YOU
REGISTER. FURTHER INFORMATION REGARDING THE PRIVACY OF DATA IS
AVAILABLE FROM THE COMPANY’S PRIVACY POLICY.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU
UNDERSTAND AND AGREE THAT NEITHER COMPANY OR ANY OF ITS
SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR
RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY
OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM
ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF
ELECTRONIC MAIL MESSAGES YOU TRANSMIT. THESE INCLUDE DAMAGES
FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS,
COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA,
UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS
AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE
CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF
NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES
HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION
WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF
THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF
WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO
USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
YOUR LIABILITY
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS
TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE
RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES
(INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS,
LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT
LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR
RESULTING FROM (I) YOUR USE OF THE COMPANY’S WEBSITE; (II) ANY
MATERIAL YOU PROVIDE TO THE COMPANY’S WEBSITE THAT IS
INACCURATE OR UNTRUE, (III) ANY WEBSITE CONTENT THAT YOU USE
OR (III) YOUR BREACH OF THE TERMS OF THESE TERMS AND
CONDITIONS, PRIVACY STATEMENT, REPRESENTATIONS AND WARRANTIES.
COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH
CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR
EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. WE
RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL
OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL
NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.
Breach of Agreement
Company reserves the right, at its sole discretion, to pursue
all of its legal remedies, including but not limited to
immediate termination without notice of your registration and
your ability to access this Website, and/or any other service
provided to you by the Company, upon any breach by you of
these Terms of Use, or if the Company is unable to verify or
authenticate any information you submit to the Website. Upon
such action undertaken by Company, Company in its sole
discretion, may, among its other legal remedies, retain any
unused membership fees.
Additional Terms and Conditions
These Terms of Use, the Website’s Privacy Statements, and
other relevant documents and agreements constitute the entire
agreement between you and Company with respect to the use of
website. No changes to these Terms of Use shall be made except
by a revised posting on this page.
The Company makes no claims that the website content may be
lawfully viewed or accessed in any specific country. Access to
the Website content may not be legal by certain persons or in
certain countries. When you access the Website, you do so at
your own risk and are responsible for compliance with the laws
of your jurisdiction.
In addition, without limiting any of the other disclaimers of
warranty set forth in these Terms and Conditions, Company does
not provide or make any undertaking as to the quality or
nature of any of the products or services purchased or
obtained through this Website, or any other representation,
warranty or guaranty.
These Terms and Conditions shall be governed by and construed
in accordance with the laws of the State of New Mexico
applicable therein, without regard to conflict of laws. You
irrevocably consent to the exclusive jurisdiction of the
courts located in the New Mexico City in the State of New
Mexico in connection with any action arising out of or related
to these terms of use or their subject matter. You waive any
objection based on lack of personal jurisdiction, place of
residence, improper venue, or forum non-convenience in any
such action.
If any court having competent jurisdiction holds any provision
of these Terms and Conditions invalid or unenforceable in any
respect, such provision shall be enforced to the maximum
extent permitted by law, and the remaining provisions of these
Terms and Conditions shall continue in full force and effect.
No waiver of any provision of these Terms and Conditions shall
be deemed a further or continuing waiver of such provision or
any other provision of these Terms and Conditions.
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