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Legal Policies

Privacy Policy

Edmiston Enterprises LLC (“Company,” “we,” or “us”) respects your privacy and is committed to protecting it through this Privacy Policy.

This Privacy Policy governs your access to and use of an Edmiston Enterprises LLC Website, which may include the following websites: lindaedmiston.com, lifetransformcoaching.com, magicinbeing.com, and beautyinbeing.org (hereinafter, the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read the following information carefully prior to using this Website or purchasing a product from us, as this Privacy Policy governs your use of this Website. By accessing this Website or purchasing a product from us, you are acknowledging and accepting this Privacy Policy.

 

When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. This policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website.

 

Children Under The Age Of 13

 

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. 

 

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at linda@lindaedmiston.com.

 

Information We Collect About You

 

When you access the Website, the Company will learn certain information about you during your visit.

 

Information You Provide To Us. The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website. 

 

We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.

 

Information We Collect Through Automatic Data Collection Technology. As you navigate through our Website, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our website, and any communications between your computer and our Website.  Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.

 

The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.

 

Use of Cookies And Pixels

 

Similar to other commercial websites, our website utilizes a standard technology called “cookies” and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.

 

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.

 

The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.

 

Third Party Use Of Cookies

 

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

 

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

Email Information

 

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.

 

Email Policies

 

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as allowed in the section titled Disclosure of Your Information.

 

We will maintain the information you send via e-mail in accordance with applicable federal law.

 

In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

 

Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.

 

Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.

 

How And Why We Collect Information

 

The Company collects your information in order to record and support your participation in the activities you select. If you register to download a book or resources, sign up for our newsletter, and/or purchase a product from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a visitor to this Website, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for services that you are required to provide information.

 

If you are outside the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will automatically enroll you to receive our free email newsletter. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to linda@lindaedmiston.com requesting to unsubscribe from future emails.

 

If you are in the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will only enroll you to receive our free email newsletter if you affirmatively consent to it. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to linda@lindaedmiston.com requesting to unsubscribe from future emails.

 

How Do We Use the Information That You Provide to Us?

 

We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.

 

From time-to-time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information.

 

From time-to-time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.

 

Disclosure Of Your Information

 

As a general rule, we do not sell, rent, lease or otherwise transfer any information collected whether automatically or through your voluntary action.

 

We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you. 

 

We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.

 

We may provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s asserts and/or business.

 

We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.

 

How Do We Protect Your Information and Secure Information Transmissions?

 

We employ commercially reasonable methods to ensure the security of the information you provide to us and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors.

Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email.

 

The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

 

For site security purposes and to ensure that this service remains available to all users, the Company uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

 

Policy Changes

 

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

 

Visitors’ GDPR Rights

 

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

 

We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

 

You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data. 

 

You have the right to seek restrictions on the processing of your data.

 

You have the right to object to the processing of your data and the right to the portability of your data. 

 

To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

 

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

 

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us. 

 

Contact Us

 

The Company welcomes your questions or comments regarding the Privacy Policy:

The Company

1700 Aviara Parkway #131412

Carlsbad, CA 92013

 

Email Address: linda@lindaedmiston.com

Updated as of March 26, 2019

______________________________________________________________________________________________

Terms and Conditions

BY VISITING LINDAEDMISTON.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

Welcome to LindaEdmiston.com (the “Website”). The Website and services and products offered may include, but are not limited to, articles, reference and communication tools, message boards, books, courses and information products (the "Service"). The Service is owned and operated by Linda Edmiston of Edmiston Enterprises LLC (“COMPANY”, "us," "our," and "we").

Access to all areas of the Website is provided in accordance with the following terms ("Terms"). By using the Website, you electronically agree to be legally bound by the Terms, which govern your use of the Website. If you do not agree to all of these Terms, please immediately discontinue any further use of the Website. Your failure to follow the Terms may result in suspension or termination of your access to the Website.

These Terms of Use are subject to change at any time and at COMPANY’s discretion without notice. Your use of this Website after any changes are implemented constitutes your acceptance of the changes. As a result, COMPANY encourages you to consult the Terms of Use each time you use this Website or any of COMPANY’s other Websites, which may include but is not limited to LifeTransformCoaching.com, MagicInBeing.com, and BeautyInBeing.org (hereinafter, the “Website”).

Please also read carefully, and note the MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION below.

Furthermore, please see our Privacy Policy and Affiliate Policy for additional terms that apply to you, where are incorporated herein by reference.

1. Websites Notice Regarding Medical or Professional Advice And Content

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. This Website is an educational service that provide general emotional and health information and are intended only to assist users in their self-development and emotional wellness plan. COMPANY is not a medical organization and COMPANY’s staff will not give you medical advice or diagnosis. Nothing contained on this Website should be construed as medical advice or diagnosis. The information and materials provided by COMPANY should NOT be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any Third Party Sellers products or services.

The information contained in or made available through this Website (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws.

Neither Linda Edmiston, nor any other employees, agents, contractors or representatives, or persons featured on the Website nor Forum, is acting in the capacity of a medical doctor, professional or any other licensed practitioner. Even if such person is a medical doctor, they are not your doctor.

We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Website (including but not limited to any product or service purchased, utilized or otherwise obtained from this Website). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Nothing contained on the Website is intended to be a guarantee about your ability to get results, attain happiness, or earn any money with our ideas, information, tools or strategies. This Website is a source of resources, which may not be effective for your intended purpose. All products and services by our company are for educational and informational purposes only.

Please see our Privacy Policy for additional disclaimers that apply to you.

2. Ability to Accept Terms and Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

COMPANY DOES NOT PROVIDE SERVICES OR SELL PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) WITHOUT THE EXPRESS PERMISSION OF AND ACTIVE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN.

3. Intellectual Property Rights Ownership

All Website content and materials (“Website Materials”) available on this Website are the property of COMPANY, its affiliates, licensors, or the designated owners and are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Website Materials.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Website or any of COMPANY’s other Websites is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact COMPANY using the contact information listed in the section entitled “Contacting Us”.

4. Refund Policy

On products, COMPANY generally offers a money back guarantee for a limited amount of time (such as 30 days). Details regarding the refund option that applies to you, if any, will be stated on your order form when you place your order.

5. Product Delivery/Membership Site/Conduct

A. For products that you purchase from COMPANY that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).

B. For products that you purchase from COMPANY that are delivered through a membership site, you will be given a user name and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of its content without written permission.

C. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this Website are at your own risk.

D. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies for distribution, or use the content for public display or performance unless otherwise stated.

E. COMPANY reserves the right to discontinue or modify without notice or liability, any portion of this Website.

F. You affirm, represent, and warrant that your participation on this Website and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.

G. You understand and agree to not place an unreasonable burden on the server hosting this Website or membership site, to not interfere with the running of this Website and to not attempt unauthorized access to any portion of this Website.

H. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.

I. You agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s products or services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.

6. Third Party References/Hyperlinks

This Website and/or any of COMPANY’s other Websites may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

7. Good Samaritan Policy

It is COMPANY’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. COMPANY reserves the right to remove, disable, or restrict access to the availability of Website Materials on the Websites that, in COMPANY’s subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon COMPANY any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Websites.

If you believe someone has violated this policy, COMPANY asks you to promptly notify its Customer Service department by e-mail at linda@lindaedmiston.com, Subject: User support.  You must use this address if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

8. Contacting Us

Questions regarding these Terms of Use should be directed via email to Linda@LindaEdmiston.com or mail at the following address:

Attention: Linda Edmiston

Edmiston Enterprises LLC

1700 Aviara Parkway #131412

Carlsbad, CA 92013

9. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the Website and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

10. Disclaimer

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

COMPANY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, OR CONTENT OF THE CONTENT PROVIDED ON THIS WEBSITE OR ANY OF ITS OTHER WEBSITES. YOU AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR YOUR RELIANCE UPON ANY CONTENT OR RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM SUCH CONTENT. IN ADDITION, YOU SHOULD NOT ASSUME THAT THE CONTENT ON THIS WEBSITE OR ANY OF COMPANY’S OTHER WEBSITES ARE CONTINUOUSLY UPDATED OR OTHERWISE CONTAIN CURRENT INFORMATION. COMPANY, LLC IS NOT RESPONSIBLE FOR SUPPLYING CONTENT OR MATERIALS FROM ITS WEBSITES THAT HAVE BEEN PROVIDED BY OTHER USERS OF THE WEBSITES, HAVE EXPIRED, OR HAVE BEEN REMOVED.

BY USING THIS WEBSITE OR ANY OF COMPANY’S OTHER WEBSITES, YOU AGREE TO ACCEPT ALL RISKS ASSOCIATED WITH THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS ARE NOT INTENDED TO REPLACE THE CARE YOU WOULD RECEIVE FROM A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL OR TO BE USED AS A MEDICAL DIAGNOSIS. ALWAYS CONSULT YOUR DOCTOR BEFORE BEGINNING ANY HEALTH PROGRAM, EXERCISE PROGRAM, NUTRITIONAL PROGRAM, OR ANY OTHER PROGRAM YOU LEARNED ABOUT THROUGH ANY OF THE WEBSITES OR WEBSITE MATERIALS OR BASED ON ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY THAT MAY RESULT FROM ACTIONS TAKEN OR NOT TAKEN BY YOU RELYING ON ANY OF THE WEBSITES, WEBSITE MATERIALS, OR ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.

11. USER PUBLIC FORUM SUBMISSION/PARTICIPATION POLICY AND TERMS

A. General. As a service to our users, this Website, and third party websites and services, such as Facebook, may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups, communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.

Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third-party creator of the Forum or the person posting in that Forum. Company has no responsibility for such content and is merely providing access to such content as a service to you.

BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.

B. Your Participation/Contribution Requires Consideration. Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case, may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular forum).

C. Confidential Obligations: You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with Company that requires you to maintain the confidentiality of certain material or information of Company. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which Company has required you to preserve as confidential.

D. Grant of Rights. To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of Company or other information you are required to preserve as confidential by Company, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted Company, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that Company may sublicense or assign its rights through multiple tiers of sublicenses or assigns.

E. No Obligation to Monitor. Company does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Company’s sole discretion.

F. No Obligation to Remove. Company is not obligated to remove any content from the Website which does not violate any civil or criminal laws and any contributions intended for display on this Website via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that Company shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with Company with differing terms or Company has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, please do not submit it.

G. No Endorsement. Company does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.

H. Company’s Right to Act. If Company discovers communications which allegedly do not conform to any terms and conditions of this Website, Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Company will have no liability or responsibility for performance or nonperformance of such activities. Company reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which Company has absolutely no control.

12. Indemnification

You agree to defend, indemnify and hold harmless COMPANY and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms, including attorney’s fees, arising out of or in connection with your use of this Website, any of COMPANY’s other Websites, and all products, offerings or services of COMPANY. You also agree to indemnify and hold harmless COMPANY and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms regarding online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from your use of this Website, any of COMPANY’s other Websites, and all products, offerings or services of COMPANY.

13. Miscellaneous

A. Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The sections titled Limitation of Liability, Indemnification, Disclaimer, and Miscellaneous shall survive any termination of these Terms of Use.

B. Waiver. All rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure of COMPANY to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

C. Independent Disputes. COMPANY has no obligation to become involved in any dispute between a user and any other person. You are solely responsible for your interactions with other COMPANY users. COMPANY reserves the right, but has no obligation to, monitor disputes between you and other members.

D. Integration. These Terms of Use (and the Privacy Policy and Disclaimers incorporated by reference herein plus any applicable product order form terms) constitute the entire agreement between you and COMPANY with respect to the subject matter hereof. Neither you nor COMPANY shall be bound by any conditions, definitions, warranties, understandings, or representations with respect to the subject matter hereof other than as expressly provided herein. No oral explanation or oral information by either party hereto shall alter the meaning or interpretation of the Terms of Use

E. Section Headings. The section headings contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of the Terms of Use.

F. Modification and Amendment. No modification or amendment to these Terms of Use by you will be effective unless assented to in writing by COMPANY.

14. Governing Law and Jurisdiction

This Website, COMPANY’s other Websites, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. You hereby consent to binding arbitration in the State of California to resolve any disputes arising under this Terms of Use.

15. Arbitration of Disputes

(a) The parties agree that any dispute or claim in law or equity arising between them regarding the use of this Website, products purchased from this Website, or these Terms of Use, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in in San Diego, CA, USA. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of in San Diego County, CA, USA. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.

(b) In the event of a dispute that proceeds to arbitration, the parties agree to split the costs charged by an arbitrator 50/50 (with each party being liable to pay half of the arbitrator’s bill for time spent on the case). The Parties shall each bear the cost of their own attorney’s fees, arbitration filing fees, and all other third-party fees, except as specified herein for splitting the cost of the arbitrator’s time.

16. Class Action Waiver

ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE, PRODUCTS PURCHASED ON THIS WEB SITE, OR THESE TERMS OF USE MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

 

Updated as of March 26, 2019

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