INTRODUCTION, ARBITRATION NOTICE & CLASS ACTION WAIVER
This User Agreement explains your rights and obligations in accessing, visiting and/or using the Service, brought to you by Saint Louis Fashion Incubator. This User Agreement does not apply to websites, apps, destinations, or other offerings that we do not own or control, even if they are linked to from the Service. All capitalized terms used in this User Agreement that are not otherwise defined have the meanings set forth in the Glossary.
You can access this User Agreement any time in the footer of the Service’s home page, via the menu button/hamburger icon or on the Service description screen, or as otherwise indicated depending on the Service you are using. By purchasing a Product , registering for any aspect of the Service, or otherwise accessing, visiting or using the Service, you consent and agree to be bound by the terms of this User Agreement. If you do not agree with the terms and conditions of this User Agreement, you should not access, visit and/or use the Service, or request or receive a Product. We advise that you print or retain a digital copy of this User Agreement for future reference.
This User Agreement may be modified from time to time, so check back often. So that you are aware changes have been made, we will adjust the “Last Updated” date at the beginning of this document. If we make a material change to this User Agreement, we will also post on the Service a prominent notice that a change was made. Continued access, visitation and/or use of the Service by you, or continued receipt of a Product, will constitute your acceptance of any changes or revisions to the User Agreement.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION VIII(G) BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. READ MORE IN SECTION VIII(G) BELOW.
If you breach, violate, fail to follow, or act inconsistently with any part of the Agreement, we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service or any Product. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
- We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the Service of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content deemed to be infringing.
- We may take the actions described immediately above in Section VI(D)(1) even for a single act of infringement. It is our policy to terminate the access of repeat infringers. If you are the subject of any of the aforementioned actions, you agree not to attempt to establish a new account/profile with the Service under any name, real or assumed, or otherwise attempt to access, visit, or use the Service. Please note that to the extent the Service or portions thereof do not limit usage to subscribers or account holders, we are not able to terminate, discontinue, suspend and/or restrict users who are neither subscribers nor account holders. Nothing herein shall limit our remedies in law or equity or by contract.
- If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
- Identification of the copyrighted work 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 us to locate such copyrighted work;
- Information reasonably sufficient to enable us 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;
- A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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.
SENSITIVE INFORMATION DISCLAIMER
- No Individual Advice. While you may freely discuss topics of interest to you, and the Service may include general Content and Products relating to a range of topics, including medical, health, legal, tax, or financial issues, you should not rely on the Service for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of Content or Products before making any decisions based on such Content or Products.
- No Professional Health, Legal, or Tax or Financial Advice. THE PRODUCTS AND CONTENT AVAILABLE ON OR THROUGH THIS SERVICE ARE IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. FOR EXAMPLE, SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THE AGREEMENT, WE AND THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE PRODUCTS OR THE CONTENT OBTAINED ON OR THROUGH THIS SERVICE.
RULES OF USAGE
- Use of the Service by You
- The Service is not intended for users under the age of 13, and such users are expressly prohibited from using the Service, registering for any Products such as contests or surveys, making any purchases, or registering for any aspect of the Service, and by taking such actions you agree, represent, warrant, covenant and guarantee that you are 13 years of age or older. PARENTS: Note that parental controls (such as computer hardware, software, and filtering services) are available that may help limit access to material deemed inappropriate for minors.
- You shall ensure that the Device and all equipment, hardware, software, products and/or services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others’ access, visitation and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any Device or other equipment, hardware, software, product and/or services causing interference with us, Third Party Providers, the Service or any Product or Content.
- If you provide to us the number for a Device, or we obtain the device identifier for a Device you are using, you agree, represent, warrant, covenant and guarantee that such Device is registered in your name and owned by you, or that you have permission of the Device owner(s).
- Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You may not access and/or store the Service or any of its Content except for personal, non-commercial use. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any Device on which the Service resides or is accessible.
- You acknowledge that we have not reviewed and do not necessarily endorse the Content or Products available on or through sites, applications, destinations or services linked to or accessible from this Service and are not responsible for the Content, Products or actions of any other sites, applications, destinations or services. Your linking to or accessing any other site, application, destination or service is at your sole risk.
- You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the Service, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Service.
- You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any Content or Products subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send or otherwise make available any Content on or through the Service that cannot be exported without prior government authorization or notification, including without limitation certain types of encryption software.
- You agree, represent, warrant, covenant and guarantee that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Content and Products that are provided by us and authorized Third Party Providers, as well as the organization, design, compilation, and “look and feel” of the Service, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or such authorized Third Party Providers.
- Certain Content or Products may be identified as available to you on or through the Service for download, installation, and/or streaming on your Device, and via Real Simple Syndication (RSS). Such Content or Products are subject to the same terms, conditions, limitations and restrictions applicable to all Content and Products provided by us and authorized Third Party Providers. You must, in addition to all of your other obligations, use such Content and/or Products only to the extent expressly authorized for the particular Content or Product, and you may not use such Content or Product in a manner that exceeds such authorization.