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IMPORTANT LEGAL DISCLAIMER
Drafted Legal, LLC is not a law firm. Wesley Henderson is a lawyer, but he is not your lawyer. Information on this site is educational and designed for self–help legal services. No attorney-client privilege is created under this website unless you have signed a fee agreement with Wesley Henderson directly through his independent law firm. For personalized legal advice, contact an attorney directly.
The Service is designed to provide a platform to enhance your experience reviewing our services and reaching out to us for consultation. The Service automatically collects, aggregates, and organizes data about your personal experience.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, images, videos, text, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
The Company’s intellectual property should not be reproduced, copied, or modified for use other than to fulfill the purpose of our Service, except for with express permission from the Company.
You may use our trademarks or copyrighted material for publication only with expressed consent and conspicuous credit given to the Company as the source of the materials and including the Company’s trademarks and copyrights. Credit must be given through properly linking the Company to the content shared. However, you may not distribute, reproduce, claim ownership of, or make illegal use of our services in any circumstance.
Unless explicitly authorized in these Terms or by the Company, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner any material from the Services. This License is for individual use and may not be assigned or transferred to any other person or entity.
By posting the User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Communications made through the Service’s email and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation, except as provided in this Agreement.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our website including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
The Service not legal, financial or other professionals, and if we are, during the terms of this Service and any related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Service. This Service is for educational and entertainment purposes only. None of the Services or its related material(s) should be construed as medical, legal, financial advice.
The Service is provided “as is,” without warranty of any kind. Without limiting the foregoing, the Company expressly disclaims all warranties, whether express, implied or statutory, regarding the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the Company makes no warranty or representation that access to or operation of the Service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from you downloading and/or use of files, information, content or other material obtained from the Service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content, and Users are solely responsible for any acts or omissions taken on the basis of any information received using the Service. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users. If you become aware of misuse of our Service, please contact us at email@example.com.
As part of the Service, the Company may provide you with convenient links to third-party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software, or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or Third-Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
The Service does not guarantee results. Results are based on a variety of conditions. This Service is for educational purposes only.
To the extent permitted by applicable law, in no event shall the Company, its affiliates, directors, owners or employees, or its licensors or partners, be liable to you for any damage to property, any injury to persons, any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your User Content; (b) your use or inability to use the Service; (c) your decisions based on information provided in the Service; (d) the Service generally or the software or systems that make the Service available; or (e) any other interactions with the Company or any other user of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you. If you have a dispute with one or more users, a business entity, or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, 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.”
Users agree to indemnify and hold harmless the Company, its affiliates, directors, owners, or employees from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or in any way connected with your use of the Service, use of data provided by the Service, or your misuse or violation of any of our policies. Additionally, we may assume control of the defense of any third-party claim that is subject to indemnification by you and you agree to cooperate with the Company in pursuing available defenses.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after the receipt of the counter-notice.
You need to be at least 18 years old to register for and use the Service. If you are a user who signs up for the Service, you will create a personalized account which includes your email address and password to access the service and to receive messages from the Company, and a unique nickname which will identify you to the Baby Settler, LLC community when you post content. You agree to notify us immediately of any unauthorized use of your password and/or your account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password, nickname and/or account. Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
When you create our own personalized account, you may be able to provide opinions, comments, or content (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
By using the Services, you assume the responsibility of maintaining a secure username and password in order to prevent unauthorized use of your account that might lead to violations of the Terms and Conditions. While using our services, you assume the risk of using all materials provided to you.
You acknowledge that to perform the Services, the Company may disclose to the other confidential and/or sensitive information. Confidential information may include information disclosed by the Company to the other, which is non-public and either proprietary or confidential in nature and related to the Company’s business or activities including, but not limited to, financial, legal, technical, marketing, sales and business information.
If the dispute cannot be resolved through negotiation in an amicable manner, then the dispute must be resolved between the parties through binding arbitration. The binding arbitration will be in place of a lawsuit and will use a neutral arbitrator instead of a judge and/or jury. Through arbitration, the same awards, damages, relief, and other judgment may be granted. The arbitrator has exclusive authority to resolve the dispute in regard to interpretation, applicability, or enforceability of this agreement.
The arbitration proceeding shall be conducted under the applicable rules of the American Arbitration Association in Charleston, South Carolina. If such organization ceases to exist, the arbitration shall be conducted by its successor, or by a similar arbitration organization, at the time a demand for arbitration is made. The decision of the arbitrator shall be final and binding on both parties. The prevailing party shall be entitled to recover from the other party its or her own expenses for the arbitrator’s fee, attorney’s fees and travel expenses, expert testimony and travel expenses of experts, and for all other expenses of presenting its or her case
Exceptions to the arbitration requirement include: (1) actions in small claims court; (2) enforcement action through federal, state, or local agency; (3) seeking injunctive relief; or (4) filing suit in court to address intellectual property infringement.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, BOTH OF US ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.