Effective April 2014
The Sites and the Services are provided by Kristen Sutich, LLC (“Company,” or “we,” “us,” or “our”).
To use the Sites and/or Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Sites and/or Services by the laws of the jurisdiction from which you access the Sites and/or Services.
No Professional Advice
All information, materials, content and/or advice on the Sites or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. We expressly disclaim, and you expressly release us and our suppliers from, any and all liability concerning any action by or effect on any person following the information offered or provided within or through the Sites and/or Services. You should consult with an appropriately trained specialist for all matters that require medical, legal, financial or other professional advice.
No Medical Services or Advice
Without limiting the foregoing, nothing contained, expressed or implied on the Sites is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between us and you by reason of your use of the Sites or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THE SITES FOR ASSISTANCE, BUT SHOULD INSTEAD PROMPTLY SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE.
Privacy and Consent to Communications
Use of Sites; Limited License
No Unauthorized Access of and/or Use of the Sites and/or Services
The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Sites and/or Services, and you agree not to do any of the following:
- Using the Sites for commercial purposes.
- Conducting or promoting any illegal activities while using the Sites or Services.
- Uploading or attempting to upload or otherwise transferring any files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another
- Interfering in any way with the proper functioning of the Sites (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Sites, or disobeying any requirements, procedures, policies or regulations of networks connected to the Sites.
- Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other website or service any of the Sites content.
- Using any material or information, including images or photographs, which are made available through the Sites or Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Engaging in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information, in whole or in part, from the Sites or use web bots or similar data gathering or extraction methods for such purposes.
- Attempting to reverse engineer or jeopardize the correct functioning of the Sites, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites.
- Accessing or attempting to access any restricted portion of the Sites unless you have specifically been granted access.
- Using the Sites and/or Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Using the Sites and/or Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
- Uploading, distributing or printing anything that may be harmful to minors.
- Engaging in any other action in any way that is unlawful, violates any applicable laws or regulations, or harms us.
- Creates a false identity for the purpose of misleading others.
Intellectual Property Ownership
All trademarks, service marks, and trade names are proprietary to us and our licensors. All rights, title, and interests in and to the Sites, including content, materials, trademarks and other intellectual property contained in the Sites, vest solely in us and our licensors. Our name, and any of our products and services, slogans or logos referenced herein on the Sites are either trademarks or registered trademarks of us in the United States and/or other countries. The names of actual third party companies and products mentioned in the Sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
On certain portions of the Sites, you may be provided with a password and user identification to use the Sites. You represent and warrant that any registration information you provide to us is and will remain true and accurate. You must agree to abide by these Site Terms and are responsible for all activity under such user identification. You are responsible for maintaining the confidentiality and security of any password connected with your account. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, our members or the public).
Hyperlinks to External Web Sites
The Sites may provide links to external Web sites (“External Web Sites”). We provide these links to External Web Sites for your convenience only. We do not control such External Web Sites; therefore, we not responsible for the content of any linked site or any link contained in a linked site. Our inclusion of links to such External Web Sites does not imply any endorsement of any such third party who advertises their goods or services through the Sites We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of External Web Sites.
Third Party Products and Services
We may run advertisements and promotions from third parties on the Sites or may otherwise provide information about or links or referrals to third-party products or services on the Sites (“Third Party Products and Services”).
We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk.
Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party.
You should investigate and use your independent judgment regarding the merits, quality and reputation of any Third Party Products and Services that you find on or through the Sites.
Public Areas and Submissions
If you use a “Public Area,” such as a forum, message board, or other community area that allows user posts, additional terms and conditions apply to you.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding us, the Sites, and/or the Services, provided by you in any manner including but not limited to e-mail, other written, or oral submissions to us, or postings on the Sites (“Submissions”), are non-confidential. We are entitled to the unrestricted use, dissemination, distribution, display, reproduction, sublicense, post, and/or publication of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you, and we will own the exclusive rights, including all intellectual property rights, to the Submissions. You acknowledge and agree that we are under no obligation to post or use any Submission you may provide and may remove any Submissions at any time in our sole discretion.
If you are an author of a Submission, you warrant that you will not post any materials that would (a) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, including any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent messages of any kind; (b) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (c) contain a virus or other material of a destructive nature; or (d) violate any law, statute, ordinance or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. WITHOUT LIMITING THE FOREGOING, THE SITES AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” “with all faults,” and “as available” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SITES AND SERIVCES WILL BE UNITERRUPTED, SECURE, ERROR-FREE OR THAT DATA LOST WILL NOT OCCUR. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWN TIME WILL OCCUR. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. WE AND OUR ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, LICENSORS, AND EMPLOYEES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITES AND/OR SERVICES. IN ADDITION, WE AND OUR ASSOCIATED PARTIES ARE NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), WHETHER OFFLINE OR ONLINE. NO ORAL, ELECTRONIC, OR WRITTEN INFORMATION FROM US OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. WE AND OUR ASSOCIATED PARTIES EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, WE AND OUR ASSOCIATED PARTIES DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE AND OUR ASSOCIATED PARTIES BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF US.
Limitation of Liability
We may terminate or suspend your access to the Sites at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease.
Changes to the Sites and/or Services
We reserve the right to change, modify, suspend, or cease providing the Sites and/or Services (and therefore, your access to and use of) at any time without notice.
Governing Law and Forum Selection
Copyright Infringement Notices
If you are a copyright owner and believe your copyrighted material has been used on this Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to us at Kristen Sutich, LLC , 4810 Point Fosdick Dr NW, Suite 430; Gig Harbor WA 98335--Attn: Copyright Infringement Claims Agent. Please include the following information: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Site, (3) your contact information, including address, telephone number, and email address (if any), (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert copyright infringement and to submit the statement.