This Agreement sets forth the standards of use of the “SaraLaufer.com,” "Whatgirl.net," and "TheSurvivalParticle.com" websites, the Sara Laufer Consulting Service, and related services (together referred to as the "site" or "website"). By using the website you (herein referred to as "you" or the “User”) agree to these terms and conditions with Sara Laufer Consulting (herein referred to as "us", "we" or "Sara Laufer Consulting"). If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. Your remedy for dissatisfaction with the site or related content, products, services, or information available on the site, is limited to ceasing use of the site and/or the particular products/services.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without notice to you. Modifications shall become effective immediately upon being posted on the website. Your continued use of the site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Sara Laufer Consulting makes various services available on the site. User must provide, at User's own expense, (1) all equipment necessary for their own Internet connection (2) User’s access to the Internet, and (3) payment of any fees related to such connection.
2. Conduct on Site
User's use of the site is subject to all applicable laws and regulations, and User is solely responsible for the content of User's communications through the site. By posting any information on the site or otherwise communicating through the site, User agrees not to upload, share, post, or otherwise distribute or facilitate distribution of any content that:
A. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates our rules or policies;
B. Victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
C. Infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
D. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, or any other form of unauthorized solicitation, or any form of lottery or gambling;
E. Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or information of a third party; or
F. Impersonates any person or entity, including any employees of Sara Laufer Consulting.
Sara Laufer Consulting does not endorse or assume liability for the contents of any material uploaded or submitted by third party users of the site. Sara Laufer Consulting generally does not review or pre-screen content posted on the site by third parties, but reserves the right to remove any content that, in our judgment, does not comply with this Agreement or is harmful, objectionable, or inaccurate. Sara Laufer Consulting does not assume any liability for failure or delay in removing any such content.
User may not use its account to breach security of another account or attempt to gain unauthorized access to another computer, network or server. We may at any time, in our sole discretion, terminate User's account without any notice to User.
You may not link to the site unless you comply with these linking conditions. Sara Laufer Consulting hereby grants you a limited, revocable, nonexclusive right to create a hyperlink to the site ("Link"), provided you comply with the following conditions:
A. The Link must resolve to the homepage, "whatgirl.net".
B. The link may be identified as "Sara Laufer Consulting", “Whatgirl®.net” or "TheSurvivorParticle.com".
C. Unless you have written permission from Sara Laufer Consulting, the Link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Sara Laufer Consulting.
D. The Link and surrounding materials must not deliver the website content in a framed environment, or alter the layout, content, look, or feel of the website.
E. The Link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Sara Laufer Consulting; and
F. The Link and surrounding materials must not portray Sara Laufer Consulting or its affiliates, information or services available on the website, or the website itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.
3. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. Limitation of Liability
User's exclusive remedy and Sara Laufer Consulting's entire liability, if any, for any claims arising out of the site shall be limited to the amount you paid Sara Laufer Consulting, if any, for any services available through the site during the six-month period before the act giving rise to the liability.
IN NO EVENT SHALL SARA LAUFER CONSULTING BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The site and its services are for educational and informational purposes, and are not intended nor implied to be a substitute for professional advice, diagnosis, or treatment. We advise our users to seek the advice of a physician or qualified health care provider before starting any treatment or with questions you have regarding a medical condition.
We cannot and do not guarantee or warrant against errors or omissions in content provided on the site, irrespective of the source. In addition, content available through the site often represents the opinions and judgments of an information provider, another site user, or other person or entity not connected with Sara Laufer Consulting. We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by these entities.
It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, forms or other content available on or through the site. You are urged to consult an appropriate professional licensed in your jurisdiction before using any advice or information obtained on or through the site. Under no circumstances will Sara Laufer Consulting be liable for any loss or damages caused by your reliance on information or advice obtained through the site.
User agrees to indemnify and hold Sara Laufer Consulting, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use or misuse of the site, the violation of this Agreement, or infringement by User, or other user of the site using User’s computer, of any intellectual property or any other right of any person or entity. Sara Laufer Consulting reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event User will cooperate with Sara Laufer Consulting in asserting any available defenses.
6. Modifications and Interruption to Service
Sara Laufer Consulting reserves the right to modify or discontinue the site, including any features therein, with or without notice to the User. Sara Laufer Consulting shall not be liable to User or any third party should Sara Laufer Consulting exercise its right to modify or discontinue the Service. Any new features that enhance or augment the then-current services on the site shall be subject to this Agreement. User acknowledges and accepts that Sara Laufer Consulting does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
8. Governing Jurisdiction of the Courts
Our website is operated and provided in the State of California, United States of America. As such, we are subject to the laws of the State of California, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
Each of us agrees that any dispute, claim or controversy arising out of or relating to this Agreement or its breach, termination, enforcement, interpretation or validity, including the determination of the scope or applicability of this arbitration clause, shall be determined by arbitration in Los Angeles, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.
User agrees that any claim, action or proceeding arising out of or related to these terms or the site must be brought in his or her individual capacity, and not as a plaintiff or class member in any purported representative or class proceeding. The arbitrator may not consolidate more than one person’s claims. USER ACKNOWLEDGES THAT HE OR SHE IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
9. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account, your submissions on the site, and your online conduct, including all laws, rules, codes and regulations of the country and state in which you reside and from which you access the site. The site is intended to be made available to only United States residents. The site is not a solicitation for or offering of any service to any person in any jurisdiction where such solicitation or offering would be illegal.
10. Copyright and Trademark Information
© 2006-2017 Sara Laufer Consulting, All Rights Reserved.
User acknowledges and agrees that all content included or available on the site, including site design, text, graphics, music, video, interfaces, and the selection and arrangements thereof is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Sara Laufer Consulting or the respective owners. You are only permitted to use the content as specifically authorized by us.
Sara Laufer Consulting grants to User a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within the site solely for User's personal, informational and noncommercial use or as expressly authorized by Sara Laufer Consulting in writing. Users of the site are granted no right to use the site or its contents for commercial purposes, and may not scrape the site and its contents using an automated script.
Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Sara Laufer Consulting, is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Sara Laufer Consulting.
Sara Laufer ConsultingSM , TheSurvivorParticle.comSM, Whatgirl® and Whatgirl®.netSM are proprietary marks of Sara Laufer Consulting. Sara Laufer Consulting’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by Sara Laufer Consulting, in any manner that is likely to cause confusion among customers or users of the site, or in any manner that disparages or discredits Sara Laufer Consulting.
All trademarks and/or service marks displayed on Sara Laufer Consulting’s website are the exclusive property of their respective owners.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Sara Laufer Consulting.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Sara Laufer Consulting
PO Box 1153
Studio City CA 91614-0153 USA
By Telephone: 818-691-8399 (Voice/TTY)
By E-mail: firstname.lastname@example.org
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) information sufficient to allow us to contact the complaining party; (d) identification of the material that is claimed to be infringing; (e) 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, agent, or the law; and (f) 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 the right being infringed.
User acknowledges and agrees that upon receipt and notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Your account will be terminated if, at Sara Laufer Consulting's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Sara Laufer Consulting retains the right, at our sole discretion, to terminate any accounts or users involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Sara Laufer Consulting reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement and any other agreements referenced herein may be assigned by Sara Laufer Consulting, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
All notices under this Agreement to either party (either you or us) shall be in writing and made either via e-mail or conventional mail. Notices to you will be sent to either your e-mail or address provided by you in establishing your account. Notices to us must be sent to the attention of Customer Service at email@example.com, or at Sara Laufer Consulting, PO Box 1153, Studio City, CA 91614-0153, USA, if by conventional mail. Any notice will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes. You may contact us at the above address for such request.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.
Any failure by us to enforce or exercise any provision of this Agreement shall not constitute a waiver of that provision.
You must be 13 years of age or older to be a user of the site. By continuing to use the site, you are warranting that you are at least 13 years old and you have the authority to enter into these terms.
By making a Submission, solicited or unsolicited, to the site and/or Sara Laufer Consulting, you hereby agree to the following terms and conditions.
A. You are 18 years of age or older and a resident of the United States as of the date of Submission.
B. By transmitting a Submission you are granting us a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display and otherwise use the Submission for any purpose, including, but not limited to, advertising and promotional purposes. We also have the right, but not the obligation, to use your name, photograph or likeness, city and state in connection with broadcast, print, online or other use or publication of your Submission. All Submissions become the property of Sara Laufer Consulting and may be edited for use.
C. You will receive no compensation of any kind in exchange for your Submission, whether it is used by us or not.
D. Sara Laufer Consulting will not keep your Submission secret.
E. There is no existing business or other relationship between Sara Laufer Consulting and you, and you acknowledge that no confidential or fiduciary relationship, either expressed or implied, is created by reason of the fact that your Submission is used by Sara Laufer Consulting.
F. You agree that receipt, consideration, or use of your Submission by Sara Laufer Consulting shall not affect any rights that Sara Laufer Consulting might have to contest the validity of any intellectual property rights therein, including patents, trademarks, or copyrights.
G. While Sara Laufer Consulting intends to give your Submission such consideration as Sara Laufer Consulting, in its exclusive judgment, may believe is merited, you acknowledge that Sara Laufer Consulting may reject your Submission without any obligation to provide you with any response, reason or justification for such rejection. Submissions will not be acknowledged by Sara Laufer Consulting or returned to the User.
H. You represent and warrant that, to the best of your knowledge, you are the sole originator of the Submission, and the Submission does not infringe the intellectual property rights of others. By making the Submission, you agree to indemnify, defend, and hold Sara Laufer Consulting, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your Submission. Sara Laufer Consulting reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sara Laufer Consulting in asserting any available defenses.
BY THE NUMBERS
People worldwide had received a cochlear implant as of 2010, according to the U.S. Food and Drug Administration.
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