Updated: April 27, 2016
IF YOU ARE UNDER THE AGE OF 13, YOU WILL NOT USE THE SITE.
To utilize certain functionality of the Site, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify the Owner in the event your registration information changes; (b) immediately notify the Owner in the event you learn of or have reason to suspect any unauthorized use of your account or other breach of security; (c) exit from your account at the end of each session; and (d) defend, indemnify, and hold harmless the Owner from any loss or damage arising from unauthorized use of your username or password. You also agree that you will provide truthful and accurate information during the registration process. The Owner may refuse to grant a particular username to you for any reason, including, without limitation, in the event the Owner determines that such username impersonates someone else, is protected by trademark or other proprietary rights law, or is vulgar or otherwise offensive.
By registering for an account, you consent to the collection of your data, including, without limitation, your registration information, by the Owner and processing of such data by the Owner in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, your registration information, and you acknowledge that such process may involve: (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that the Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds, or other material provided by the Owner or third parties (collectively, the “Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. Content posted by users via the Site (“User Content”) is the intellectual property of the specific users of the Site who post such User Content. By posting or delivering User Content, you hereby grant to the Owner a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating such User Content.
Ownership of Intellectual Property
This Site is the copyrighted property of the Owner, and you will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate, or redistribute the intellectual property found in the Site or any part thereof or grant any other person or entity the right or access to do so. Any unauthorized use of any Content, whether owned by the Owner or other parties, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.
You may not use the Owner’s Widgets in any manner that would constitute an endorsement, whether express or implied, by the Owner, or any of its parents, subsidiaries, or affiliates, of your website or any product, service, or activity contained on your website. You may not place the Owner’s Widgets on any website that includes content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by the Owner in its sole discretion. The Owner’s Widgets may be used only with those platforms from which a functional link is made available to direct users to Content and other information as located on the Site. You may not use the Owner’s Widgets in any manner that does not permit successful linking to, redirect to, or delivery of the applicable Site page. You may not insert any intermediate or splash page or other content between the Owner’s Widgets and the applicable Site page. The Owner may use data capture, syndication analysis, and other similar tools to track, extract, compile aggregate, and analyze any data or information resulting from use of a Widget on the Site.
As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, and the presentation of third-party links or content by the Owner is not intended to be an endorsement, sponsorship or recommendation by the Owner. Please be aware that when you exit the site, you are subject to the policies of the new Site. You further acknowledge and agree that the Owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any third-party site or resource.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
Exclusion of Warranties / Disclaimer
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE AND ANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. ALTHOUGH THE OWNER USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE IS AS ACCURATE AS POSSIBLE, THE OWNER GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR CONTENT posted or otherwise made available therein. FURTHER, THE OWNER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR CONTENT WILL MEET YOUR EXPECTATIONS. THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE, OR CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.
ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM the inability to access or utilize ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL THE OWNER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Release / Indemnification
You agree to release the Owner, its members, managers, officers, employees, and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using them. You agree to defend, indemnify and hold harmless the Owner, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with: (a) your access to or use of the Site or any part thereof; (b) any User Content you post via the Site; (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement; (d) infringement or misappropriation of any intellectual property or other rights of the Owner or third parties by you; or (e) any negligence or willful misconduct by you.
Governing Law and Other Miscellaneous Terms
Copyright and Copyright Notices
The Owner respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us via firstname.lastname@example.org with the following information:
• an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site sufficient to allow us to locate the allegedly infringing material;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact the Owner to notify us of copyright infringement at email@example.com. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
Changes to Our Policies
This Site is operated by the Owner as defined in the first paragraph of this document. All inquiries may be directed to:
Frienedy, LLC 434 Parkgate Drive Lake St. Louis, MO 63367 firstname.lastname@example.org