Disclaimer and Terms of Use

Disclaimer

The information and content on Migraine Savvy Website or provided by email is not intended to replace an individual relationship with a qualified health care professional and is not intended as medical advice. Holly Hazen and Migraine Savvy encourage you to continue visiting with and being treated by your primary care physician or health care provider. Only a Licensed Medical Professional can diagnosis certain ailments and prescribe treatments and medications for you. Do not ignore or delay seeking medical advice or treatment because of any information obtained from Migraine Savvy.  Consult your own Medical Professional regarding all nutritional supplements to evaluate if the supplements could adversely affect or react with any medications or pre-existing conditions.  Stop any food or supplement immediately if you have any type of adverse reaction.  Holly Hazen and Migraine Savvy are not acting in the capacity of a doctor, licensed dietician, psychologist or any other licensed/registered professional. Holly Hazen and Migraine Savvy will not diagnose, treat, or cure in any manner, any disease, condition, or other physical or mental human ailment. By entering your email address, you are also requesting and agreeing to subscribe to Migraine Savvy e-newsletter, to which the above disclaimer also applies.

Holly Hazen and Migraine Savvy.com (collectively “Migraine Savvy”) expressly disclaims any responsibility or liability for any damages caused by a user’s reliance on any information contained or obtained via Migraine Savvy websites or emails.  Migraine Savvy expressly disclaims all warranties, express or implied, of any kind with respect to the website or its emails, including but not limited to merchantability and fitness for a particular purpose.   Migraine Savvy makes no representations or warranties, either express or implied, of any kind with respect to the information and content included on Migraine Savvy websites. You agree that Migraine Savvy.com, its directors, officers, employees or other representatives shall not be liable for damages arising from the information and content viewed and obtained via Migraine Savvy. You agree that this limitation of liability is comprehensive and applies to personal injuries and all damages of any kind, including without limitation direct, indirect, incidental, general, special, punitive, compensatory and consequential damages.

In Short: The information on this website is not intended or recommended as a means of diagnosing or treating any physical or mental condition.

All matters concerning physical or mental health should be supervised by a health care practitioner knowledgeable in treating that particular condition, like a doctor, physician or a specialist.

The information appearing on MigraineSavvy.com is intended for educational purposes only. It should not be used as a substitute for professional medical advice, diagnosis or treatment.

Terms of Use

Welcome to MigraineSavvy.com also referred to as (the Website).

MigraineSavvy.com (“we”, “us”, “our”, or “MS”) provides its service to you subject to the following terms of service.

1. ACCEPTANCE OF TERMS

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as “Terms of Use”). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time.

2. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the MigraineSavvy.com website and other services ("Service"), you agree to:• (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and • (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MigraineSavvy.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MigraineSavvy.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3. MIGRAINESAVVY.COM PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy.

4. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MigraineSavvy.com, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. MigraineSavvy.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MigraineSavvy.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.

5. INDEMNITY

You agree to indemnify and hold MigraineSavvy.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

6. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

7. MODIFICATIONS TO SERVICE

MigraineSavvy.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MigraineSavvy.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. MIGRAINESAVVY.COM’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:• (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIGRAINESAVVY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.• (b) MIGRAINESAVVY.COM MAKES NO WARRANTY THAT o (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, o (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, o (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, o (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.• (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.• (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIGRAINESAVVY.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIGRAINESAVVY.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MIGRAINESAVVY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: • (i) THE USE OR THE INABILITY TO USE THE SERVICE; • (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR • (iii) ANY OTHER MATTER RELATING TO THE SERVICE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

YOU acknowledge and agree that no representation has been made by MS OR ITS AFFILIATE’S and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in this PROGRAM.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND MS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. MS ENCOURAGES YOU TO CONTINUE VISITING WITH AND BEING TREATED BY YOUR PRIMARY CARE PHYSICIAN OR HEALTH CARE PROVIDER. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. CONSULT WITH YOUR OWN MEDICAL PROFESSIONAL REGARDING ALL NUTRITIONAL SUPPLEMENTS TO EVALUATE IF THEY COULD ADVERSELY AFFECT OR REACT WITH ANY MEDICATIONS OR PRE-EXISTING CONDITIONS. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

BY ENTERING YOUR EMAIL ADDRESS, YOU ARE ALSO REQUESTING AND AGREEING TO SUBSCRIBE TO MS’S NEWSLETTER, TO WHICH THE ABOVE DISCLAIMER ALSO APPLIES.

11. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.

12. DISCLAIMER REGARDING SEARCH

Search and Directory are free services offered by MigraineSavvy.com. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, MigraineSavvy.com explicitly disclaims any responsibility for the Content or availability of information contained in our search index or directory.

13. DISCLAIMER TO USERS OF MIGRAINESAVVY.COM SHOPPING RECOMMENDATIONS

MigraineSavvy.com has created shopping recommendations in order to help you find as many prominent online retailers as possible. Although we have reviewed each site linked from MigraineSavvy.com, the sites that are linked to MigraineSavvy.com from merchants are owned and operated by independent retailers, and therefore, we cannot ensure that you will be satisfied with their products, services, or business practices. You are strongly encouraged to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

14. TRADEMARK

Migraine-Savvy.com, the MigraineSavvy.com logo, and product and service names are trademarks of MigraineSavvy.com. Without MigraineSavvy.com’s prior permission, you agree not to display or use in any manner, any MigraineSavvy.com marks.

15. INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to MS from their creation.  Thus, MS shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as MS determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to MS all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us. 

You acknowledge that MS has the right but not the obligation to use and display any postings or contributions of any kind and that MS may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

16. ONLINE COMMERCE

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that MS shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Some services offered by Web Site are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason. We agree that we will notify you when, and if, we decide to terminate your account.

Your subscription will be automatically renewed, and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that we will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged. Our merchant account will attempt to charge your card a maximum of 3 times. After the 3rd attempt, we will email you for a new credit card number. If you do not provide a new number, we reserve the right to disable your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.

In the event you elect to terminate your subscription you can contact me directly.

Terminations are not retroactive. If you terminate your membership after your membership period has begun, you may be entitled to a refund for the unexpired portion of that membership period, less any applicable minimum charges. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any subscription account, you hereby agree that we may charge these unpaid fees to your credit card.

17. INTERACTIVE FEATURES

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

• Restrict or inhibit any other user from using and enjoying the Site.

• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

• Use the Site to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

MS may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. MS or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by MS staff, MS's outside contributors, or by users not connected with MS, some of whom may employ anonymous user names. MS expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of MS or any of its subsidiaries or affiliates.

MS has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

18. REGISTRATION 

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

19. PASSWORDS

To use certain features of the Site, you may need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

20. TERMINATION

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

21. REFUND POLICY

Your purchase of a product or service or ticket to an event may or may not provide for any refund.  Each specific product, service, event or course will specify its own refund policy.

22. MISCELLANEOUS

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or  unenforceability will not affect the remainder of the document, which will continue in full force and effect.

We reserve all rights, which may not be expressly granted in the Terms of Use.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

The Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by MS infringe your copyright, you, or your agent may send to MS a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon MS actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to MS a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see https://www.loc.gov/copyright for details. MS's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached by contacting me

This Agreement shall be binding upon and inure to the benefit of MS and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of MS.  Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by MS to any affiliated entity or any of its wholly owned subsidiaries

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Queensland and any dispute shall be subject to binding arbitration in Queensland, Australia. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a local court.

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Contacting Us

If you have any questions relating to the Terms of Use, please contact me here.



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