By visiting and participating in the activities offered on this Site, you affirm, represent and warrant that: (a) you are 18 years of age or older; (b) all information you submit via the Site shall be truthful and accurate, and you will maintain the accuracy of such information; (c) you will abide by these TOU; (d) you do not reside in any country prohibited by law, treaty or administrative act from entering into trade relations with the United States or its citizens; and (e) your use of the Site shall not otherwise violate any applicable law, rule or regulation.
The Soteria Method® may terminate your right to access and/or use this Website at any time.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and materials appearing on and/or embedded in the Site, including but not limited to the data files and all HTML and other code contained in this Site, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files (collectively, “Content”), shall remain at all times vested in The Soteria Method® and/or are the property of their respective owners. You may not use any metatags or any other "hidden text" utilizing " The Soteria Method®", “Soteria Method” or any other name, trademark or product or service name of The Soteria Method® without our prior written permission. All third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by applicable laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by The Soteria Method® and/or its third party licensors. Any unauthorized reproduction or redistribution of the Content is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
COPYRIGHT INFRINGEMENT POLICY
The Soteria Method® values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this Site, then pursuant to Title 17, United States Code, §512, you may notify The Soteria Method® in writing as follows:
Electronic Mail Address: email@example.com.
In your notice, you must include the following:
(i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;
(iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow The Soteria Method® to locate such materials;
(iv) contact information (i.e., name, address, email address) sufficient to enable The Soteria Method® to contact you;
(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
PROMOTIONS, SWEEPSTAKES AND CONTESTS
On occasion, Soteria™ or certain advertisers or suppliers to this Site may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Site. Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these TOU.
LIMITATIONS ON LIABILITY and USE DISCLAIMER
The Soteria Method® endeavors to make sure that all Content on the Site is accurate. However, The Soteria Method® is not responsible for any damages or loss related to the use of the Content and/or this Site.
THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. The Soteria Method® RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. The Soteria Method® SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
The Soteria Method® MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF The Soteria Method®’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE SITE.
You agree that The Soteria Method® will not be liable in contract, tort (including, without limitation, negligence) or other representations (other than fraudulent misrepresentations) or otherwise, out of or in connection with the use of this Site, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOU.
Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, The Soteria Method®'s liability is limited to the greatest extent allowable under applicable law.
The Soteria Method® reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that The Soteria Method® is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities or otherwise violated the TOU, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site or any Content contained therein. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
THIRD PARTY LINKS
We may include hyperlinks on this Site to other websites or resources operated by parties other than The Soteria Method®, including advertisers. The Soteria Method® has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You will hold harmless and indemnify The Soteria Method®, and each of our respective parent, subsidiary and affiliated entities, furnishing entities, officers, directors, managers, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these TOU; (ii) your use of the Website; and/or (ii) any violation by you or through your account of these TOU. You agree that your representations and warranties, and your indemnification obligations, shall survive beyond any term that these TOU are in effect.
When you communicate with The Soteria Method® electronically, via email or otherwise, you consent to receive electronic communications from The Soteria Method®. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by The Soteria Method® satisfy any legal requirement that such communication be in writing. Soteria™ encourages you to retain your own copies of relevant information. To contact Soteria™, please e-mail us at firstname.lastname@example.org.
CHANGES IN POLICY
The Soteria Method® is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you. Moreover, from time to time, the policies set forth in these TOU may change. We will post changes to the TOU on this Site. Please review these TOU often so that you will remain abreast of our current policies. These changes will be binding on you once posted to the Site. Your continued participation in the Soteria™ Community will constitute acceptance by you of any such changes.
Effective Date: October 1, 2015
These TOU were last updated on February 1, 2019
ACQUISITION OF BUSINESS
In the event that Soteria™ is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Site, all data collected on this Site, and all of The Soteria Method®’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Soteria™ will post a notice to such effect on this Site.
If you have any questions concerning this Site or any of the policies set forth in these TOU, please contact us at: email@example.com.
U.S. EXPORT CONTROLS
Software from or related to this Site (the "Software") may be subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Use of this Website and these TOU shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these TOU are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, including but not limited to the scope, duration or area of its applicability, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unforceability, without invalidating the remaining provisions. No narrowed construction, modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by The Soteria Method® of any term or condition of these TOU shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and The Soteria Method®’s failure to assert any right or demand compliance with any provision of these TOU shall not be deemed to constitute a waiver of any such right or provision.
Any dispute concerning your use of this Site shall be submitted to, and finally settled by, binding arbitration in New York County, State of New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
Notwithstanding anything to the contrary set forth in these TOU, The Soteria Method® may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in New York County, State of New York or any other court in any jurisdiction, in the event that Soteria™ believes that there is a violation, or a threatened violation, of any of The Soteria Method®’s intellectual property rights and, in such case, you hereby irrevocably consent to the exclusive jurisdiction and venue of such court for the purpose of any such dispute(s), and waive any claim or defense that any such court lacks jurisdiction due to the laying venue or otherwise, or that such forum is not convenient or proper.
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