TERMS OF SERVICE
Effective December 1, 2014
The following terms and conditions, which may be updated at any time without notice, govern all use of the WWW.IANMEHR.COM website and all content, services and products available at or through the website (the “Website”).
The term “us” or “we” or “our” refers to the owner or owners of the Website having an address of 514 Daniels Street, Suite #174, Raleigh NC 27605. The term “you” or “your” refers to the user or viewer of the Website.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any of its products or services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your Responsibilities and Submitted Content
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself, and (ii) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that we consider inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Each account is for a single user only. You are not allowed to share your account or give your login credentials to anyone else.
If you post a comment, note, article, question, or any material whatsoever to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the contents of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.
By furnishing your Content to the Website, you grant us a non-exclusive worldwide, royalty-free, sublicensable, transferable license to utilize all copyright rights now in existence or that may arise in the future with respect to your Content, in any medium that now exists or may arise in the future, as well as to do anything else that is reasonably appropriate to the Website and its use of your Content (including, but not limited to, use of your name in association with your Content to identify you as the contributor). The license has no restriction as to the medium, dissemination method, type of product and/or service we may offer, or the type of systems or products that may be used in conjunction with your Content. This license shall remain in effect for so long as your Content is available on the Website. You are free to remove or delete, or request to be deleted, your Content at any time, in which case this license shall terminate after a commercially reasonable period of time. You understand and agree, however, that we may retain, but not display or distribute, server copies of your Content. You represent that you have all of the necessary rights to grant this license to us for all Content you submit.
Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion. In such instances, we will have no obligation to provide a refund of any amounts previously paid.
2. Advertisements and Promotions
You acknowledge that we may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third party content, products, or services on the Website. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible for and do not guarantee the price, terms, performance, quality, accuracy, availability or legality of any content, products, services, promotions or information offered by any third party content provider or advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Website. If you have a dispute with one or more advertisers or other third parties, you release us from any claims, demands and damages (actual and consequential) 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.
3. Paid Products and Services
Paid products or services are available from time-to-time on the Website. For paid, one-time purchase products, we provide the following refund policy:
Within 30 days of purchase, you may notify us of your desire for a refund and we will refund the full amount you paid upon request.
No refunds are provided after the first 30 days.
If you purchase a subscription service, you agree to pay us the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a service and will cover the use of that service for a monthly or annual subscription period as indicated. For service fees, we provide the following refund policy:
Within 30 days of purchase, you may notify us of your desire for a refund and we will refund the full amount you paid upon request.
No refunds are provided after the first 30 days of purchase, and we do not provide pro-rata refunds for canceled accounts.
Unless you notify us before the end of the applicable subscription period that you want to cancel a service, your service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes, if applicable) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time, subject to our refund policy stipulated above.
You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Website and purchase of any products or services, and that the reporting and payment of any such applicable taxes are your responsibility.
5. Copyright Infringement and DMCA Policy
We respect the intellectual property rights of others and do not knowingly publish (or permit individuals to publish) copyrighted materials without permission. If you believe that any material published on this Website has been used in a way that constitutes copyright infringement, and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please notify our Copyright Agent of any alleged infringement. Your notice to our Copyright Agent should be in the form of a written, signed statement containing the following information:
- A description of the infringing material;
- A description of the copyrighted work(s) that you believe has been infringed;
- The name of the owner of the copyright;
- Your name;
- Your address, telephone number and/or email address;
- A statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law;
- A statement that all of the information you have provided is true; and
- A statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.
Your statement must be sent to us by U.S. mail, addressed as follows:
- Attn: DMCA Copyright Agent
- Mailing address: 514 Daniels Street, Suite #174, Raleigh NC 27605
We will respond to all such notices, including, as required or appropriate, by removing the infringing material or disabling all links to the infringing material. We will terminate a user’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of us or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us. Please note that under Section 512(f) of US Copyright Law any person who knowingly materially misrepresents that material or activity is infringing may be subject to legal liability.
6. Intellectual Property
This Agreement does not transfer from us to you any of our or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us. Your use of the Website grants you no right or license to reproduce or otherwise use any of our or third party trademarks, copyrights, or other intellectual property.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Website, in whole or in part. Except, however, you may download or copy contents of the Website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying, reproducing or storing of any contents of the Website for other than personal use is expressly prohibited without prior written permission.
We reserve the right, at our sole discretion at any time, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, without limitation, the release of new tools, resources, products or services, whether free or paid). Such new services and/or features shall be subject to the terms and conditions of this Agreement.
We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. We do not have any control over those websites and webpages, and we are not responsible for their contents or their use. By linking to a non-Website website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non-Website websites and webpages.
THE WEBSITE IS PROVIDED “AS IS”. WE AND OUR SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS AND LICENSORS MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
10. Educational Use Only
This Website is made available for educational purposes only. The Website provides only general information, and does not render any specific accounting, fundraising, financial, insurance, investment, legal, medical, nutritional, or any other licensed professional services. The website should not be used as a substitute for competent advice from a licensed professional in your state or jurisdiction. Nothing on this Website constitutes a solicitation for business. By using this Website, you acknowledge that its use does not create a professional-client relationship of any kind. You should consult with an appropriately licensed professional for guidance on specific facts and situations unique to your person, business or organization. To the extent that any of the content published on this Website may be deemed to be professional advice or recommendations, such information is impersonal and not tailored to the unique needs of any specific person or entity.
11. Limitation of Liability
In no event will we, or our suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. Your General Representation and Warranty
You agree to indemnify and hold harmless us, our contractors, and our licensors, and our and their respective owners, directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between us and you concerning the subject matter hereof, and may only be modified by a written amendment, or by the posting by us of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of North Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Raleigh, North Carolina. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Raleigh, North Carolina, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Squarespace, Inc. shall be an intended third-party beneficiary of this Agreement for the purposes of enforcement.