Website Terms & Conditions
Website Terms & Conditions
[br][br]These terms and conditions apply to the entire contents of the website under the domain name upusc.org (“Website”). Please read these terms carefully before using this Website. References to “us,” “we,” “our” or similar derivations refer to upusc.org ( AKA – Peachtree Bennett, Peachtree & Bennett, or P&B ), the administrator and operator of the Website.
Using this Website indicates that you accept these terms and conditions together with our Privacy Policy and all applicable laws and regulations regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use this Website.
INTRODUCTION AND ACCEPTANCE
Welcome to moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) (also collectively, the “we”, “us” or “our”). The singular term “moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) ” includes all websites listed above and web pages within the Website as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) .
1.1. We hereby grant you a limited license to access and make personal use of this Website but not to modify it, or any portion thereof, except with our express written permission.
1.2. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.3. By accessing any part of the Website, you shall be deemed to have accepted these terms and conditions in full. If you do not accept these terms and conditions in full, you must leave the Website immediately.
1.4. We reserve the right to vary these terms and conditions at any time. If so, the updated version will be posted on the Website and you will be bound by the updated version for all of your subsequent site access if you continue to use the Website thereafter. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms and conditions located on particular pages of the Website.
1.5. All content available on this Website is directed to individuals 18 years of age or older residing in the United States. Any use of the Website is prohibited where they are not allowed by law.
1.6. CHANGES TO TERMS AND CONDITIONS – WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES. This site is owned and operated by moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD).
1.7. Furthermore, you may not:
(a) – Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on any moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) media or content.
(b) – Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy content from the site for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time.
(c) – Forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason.
(d) – Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses.
(e) – Decompile, reverse engineer, or disassemble any portion of any the site.
(f) – Use network-monitoring software to determine architecture of or extract usage data from the site.
(g) – Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity.
(h) – Affect us adversely or reflect negatively on us, the site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the site, or from advertising, linking or becoming a supplier to us in connection with the site.
(i) – Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce, or engage in any conduct that restricts or inhibits any other user from using or enjoying the site.
(j) – Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
2.1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website are owned by us, our licensors, advertisers, content suppliers or administrators. Except as expressly provided nothing contained herein shall be construed as creating any license or right under copyright, trademark or other intellectual property rights.
You may store, manipulate, analyze, reformat, print and display the content supplied solely for your own personal and non-commercial use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Website.
Any use of extracts from this Website other than as permitted above for any purpose is prohibited. If you breach any of the provisions of these terms and conditions, your permission to use this Website automatically terminates.
moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) is a trade mark. No license or consent is granted to you to use these marks in any way except as expressly provided herein, and we reserve all rights in these and any related marks. You agree not to use these marks or any marks, which are colorably similar without the written permission of moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD).
2.2. Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.3. Any rights not expressly granted in these terms are reserved.
2.4. moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) or the content. Any rights not expressly granted in these Terms of Use are expressly reserved.
3.1. While we endeavor to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2. We give no warranties as to the availability, performance or accessibility of the Website.
3.3. Access to this Website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
Any links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
We reserve the right to display advertisements on the Website and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers.
If you would like to create a link to this Website, you may only do so with our prior written consent.
Any registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Responsibility for the security of any passwords rests with you.
PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) you are given to access the site, and are fully responsible for all activities that occur under your password(s). You agree to notify moraleallthingshair.media (AKA thehairdebate.com) immediately of any unauthorized use of your password(s).
moraleallthingshair.media (AKA thehairdebate.com) is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.
While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the services provided on it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the site or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the site or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the site from time to time for any changes or Additional Terms. Your access and use of any of the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your consent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the site and, if applicable, terminate your Membership.
7.1. Links from this website ( moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) ) and in our free newsletter are provided for your convenience. Should you leave this site, or from one of our newsletter emails, via a link contained therein, the content that you view on the target site is not provided by our company ( moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) ) . We are not responsible for, nor have developed or extensively reviewed, the content at those sites. We make no guarantees, representations, claims or warranties as to, and shall have no liability for, any electronic content whether viewed or delivered by any third party affiliate or vendor , including, without limitation, the accuracy, subject matter, quality, or timeliness of any 3rd party content or their services.
7.2. When you order and purchase any merchandise from moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD). 3rd party affiliate or vendor, you represent that you are of legal age to purchase this merchandise and that this merchandise can be purchased and owned in your country, state, county, and/or city of residence.
7.3. When you purchase anything from moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD). 3rd party affiliate or vendor, you agree to assume all risks related to and/or arising from your ownership and use of the merchandise and agree to indemnify and hold moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) harmless from any and all claims brought by any person or entity against moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) related to and/or arising from your ownership and/or use of any 3rd party affiliate or vendor merchandise. moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) assumes no responsibility for the installation, application, use or defect of any product sold – we are not the manufacturer.
7.4. When going to an affiliate or vendor website via a referral link, you might a difference in photo, price and word content due to change. moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) does its best to accurately represent the merchandise, through original photo, price and word content copy.
7.5. moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) will not be liable for consequential, incidental, punitive, special, exemplary, or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) 3rd party affiliate or vendor merchandise, services, promises or claims. Without limitation, moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a subscriber’s inability to use or any delay in accessing the moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) website or any other 3rd party affiliate or vendor source of material provided/copied by moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD); (3) any absence of 3rd party affiliate or vendor material, content, claims or promises on the moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) website; (4) any 3rd party affiliate or vendors’ failure to deliver or delay in delivering any material or (5) any kind of 3rd party affiliate or vendor’s error in transmission of service, merchandise, promises or claims.
7.6. We provide the site including, without limitation, content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our sites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any content.
In many instances, content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the site by anyone other than authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing the site or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Website, us, and our officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
8.1. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- Loss of income or revenue;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
- Loss of data;
- Loss of goodwill;
- Wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.2. Nothing in these terms and conditions shall exclude or limit our liability for:
8.2.1. death or personal injury caused by negligence; or
8.2.2. fraud; or
8.2.3. misrepresentation as to a fundamental matter; or
8.2.4. any liability which cannot be excluded or limited under applicable law.
8.3. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.4. Any transmission of data to the Website is at your own risk. You accept the inherent security risks of providing information and dealing on line over the internet. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. We will not be held responsible for any breach of security unless this is due to willful default.
8.5. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT of $100, IF ANY, FOR ACCESSING OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS SITE.
8.6. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
You agree to indemnify, defend and hold harmless moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD), its directors, officers, employees, consultants, agents, and affiliates, administrators, programmers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Website, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
DISCLAIMER
moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in its programs. Please seek advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice or content.
This website, its facility(s), its media and its featured expert(s) do not provide medical advice, diagnosis or treatment. The contents of the website, such as video, text, graphics, images, and other material contained on the site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Please be sure to consult your doctor before beginning this or any other exercise program. The information and exercises provided are for entertainment purposes only; and are not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Exercise is not without its risks, and this or any other exercise program may result in injury. The exercise instruction and advice presented are in no way intended as a substitute for medical consultation.
You agree to indemnify and hold harmless the moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD), us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT of $100, IF ANY, FOR ACCESSING OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS SITE.
COPYRIGHT NOTICE
moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) is the copyright owner of all personal-company information contained on this Website, except as otherwise indicated. OTHER PARTIES’ trademarks and service marks that may be referred to herein are the property of THEIR respective owners. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the information to others or substantially copy the information on your own server, or link to moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) website, without prior written permission of moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD). Use or reproduction of information from this service for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. We try to protect our brand, our intellectual property, the intellectual property of our contributors and the copyright of any of our advertisers or sites we reference from misrepresentation or cloning.
CONTENT SHARING / REPOSTING – This site contains copyrighted materials, trademarks, and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD), and its licensors or other owners as indicated on this website.
You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.
All trademarks, service marks and trade names of moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD), used in the site are trademarks or registered trademarks of moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD).
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We respect the intellectual property rights of others, and we ask that users of the site do the same.
If you believe that your intellectual property is being used on the Website in a way that constitutes copyright infringement, please provide us with the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
(a) – A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) – Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(c) – Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(d) – Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(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, its agent, or the law.
(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 an exclusive right that is allegedly infringed.
The information specified above must be sent to our Designated Agent, whose contact information is as follows:
Morale All Things Hair (AKA The Hair Debate)
E-mail: contact@moraleallthingshair.media
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the State of Georgia without regard to its conflict of laws rules. Any legal proceedings against the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or related companies that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in a state or federal court in the State of Georgia, County of Gwinnett and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
We may at any time terminate or suspend any part of the Website without notice to you.
We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the site for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.
Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set forth below.
12.1. These terms and conditions are to be construed in accordance with the laws of the United States and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the United States Courts in Gwinnett County, GA.
12.2. You agree and accept to be bound by the terms of our Privacy Policy.
USER CONTENT
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the site (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
(a) – violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
(b) – affects us adversely or reflect negatively on us, the site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the site, or from advertising, linking or becoming a supplier to us in connection with the Website;
(c) – impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(d) – is an advertisement for goods or services or a solicitation of funds;
includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(e) – contains a formula, instruction, or advice that could cause harm or injury; or
results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing.”
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, affiliates, and related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the site and these Terms of Use.
By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, affiliates, and related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
From time to time, we, or our service providers, suppliers, advertisers, and other third parties may conduct promotions on or through the site, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
The following terms of use and legal policy contain the entire agreement between Purchaser (“Purchaser”) and us, regarding the purchase and download of our Digital products (the “Downloads”) from moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD). Please read this Agreement in its entirety. The purchase of any downloads indicates Purchaser’s agreement to be bound by these terms
DIGITAL DOWNLOADS
COPYRIGHT
Digital files are copyrighted and may not be shared ( IE – copied ) with friends, family, or any other person. They are not to be used or sold commercially. They are intended for personal use only.
Any redistribution or resale of the original file(s), or of the printed results, including altering or copying of the contents for your own use, or for any other commercial use, is strictly prohibited & will result in legal action taken against the offender.
REFUNDS
Because of the nature of digital products, we DO NOT offer refunds on digital products. Once we send you the files, the sale is final. But we will, do everything possible to make sure you are happy with your order. If you have any problems, please contact us by phone or through our website.
RIGHTS
Upon payment of the required fees for Downloads, we grant Purchaser a non-exclusive, non-transferable right to use the Downloads for Purchaser’s personal, non-commercial, entertainment use, or for use in the classroom, subject to and in accordance with these Terms of Use. Purchaser may copy, store, transfer and burn the Downloads only for Purchaser personal, non-commercial/non-RE-Sale use, entertainment use, subject to and in accordance with the Terms of Use. Public performance and closed-circuit broadcast rights are included with the Download purchase.
DOWNLOAD RESTRICTIONS
Purchaser represents, warrants and agrees that Purchaser will use the Downloads only for Purchaser’s personal, non-commercial , entertainment use and not for any redistribution of the Downloads or other restricted use. Purchaser agrees not to infringe the rights of the copyright owners and to comply with all applicable laws in Purchaser’s use of the Downloads . Purchaser will not re distribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Downloads except by what is set forth within the “Rights” mentioned above. Purchaser is not granted any synchronization, promotional use, commercial sale, resale, reproduction or distribution rights for the Downloads . Purchaser acknowledges that the Downloads embodies the intellectual property of a third party and is protected by law.
ANY DEEMED OFFENSIVE CONTENT
Purchaser agrees that we have no liability to Purchaser for Downloads Purchaser finds to be offensive, indecent or objectionable.
RESERVATION OF RIGHTS
Except for the rights explicitly granted to Purchaser here , all right, title and interest in the Downloads are reserved and retained by us . Purchaser does not acquire any functional, visual, image, creativity or programming content-ownership rights in the Downloads as a result of downloading it.
GENERAL
General
15.1 All Downloads sales are final. There are no refunds of Download purchases .
15.2 Downloading and Risk of Loss. Once Purchaser has purchased Downloads, Purchaser is encouraged to download it promptly and to make a back-up copy of it. If Purchaser is unable to complete a download after having reviewed the online help resources, Purchaser shall contact moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) customer service for assistance. Purchaser bears all risk of loss after purchase including any loss of the Downloads or as a result of downloading, including any loss due to a computer or hard drive crash.
15.3 moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) may, from time to time, remove Downloads from the website without notice.
15.4 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY . THE DOWNLOADS PURCHASED OR OTHERWISE MADE AVAILABLE TO PURCHASER THROUGH THIS SITE ARE PROVIDED BY moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE DOWNLOADS , PURCHASED OR OTHERWISE MADE AVAILABLE TO PURCHASER THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. PURCHASER EXPRESSLY AGREES THAT THE PURCHASE OF THE DOWNLOADS IS AT PURCHASER‘S SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) DOES NOT WARRANT THAT THE DOWNLOADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE AND/OR USE OF DOWNLOADS ON OR OTHERWISE MADE AVAILABLE TO PURCHASER THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
15.5 Applicable Law. By purchasing Downloads from moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) , Purchaser agrees that the laws of the Common wealth of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between Purchaser and moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) .
15.6 Termination , Amendments. Purchaser’s rights under these Terms of Use will automatically terminate without notice from moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) if Purchaser fails to comply with any of its terms. In case of such termination, Purchaser must cease all use of the Downloads , and moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) may immediately revoke Purchaser’s ability to purchase any further Downloads without notice to Purchaser and without refund of any fees. moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD)’s failure to insist upon or enforce Purchaser’s strict compliance with these Terms of Use will not constitute a waiver of any of its rights. moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH ( AKA THD) may amend any of these Terms of Use at its sole discretion by posting the revised terms on its website (moraleallthingshair.media (AKA thehairdebate.com). Purchaser’s purchase of subsequent Downloads after any such amendment’s effective date evidences Purchaser’s agreement to be bound by it.
15.7 Third-Party Beneficiaries. Downloads copyright owners are intended third-party beneficiaries under these Terms of Use and may enforce these Terms of Use against Purchaser and invoke all rights hereunder including limitations of liability.
15.8 Contact Information. For communications concerning these Terms of Use, please send us a message through our website at moraleallthingshair.media (AKA thehairdebate.com) / Morale All Things Hair (AKA The Hair Debate) / MATH (AKA THD).