By visiting and using dadreaditfirst.com (hereinafter referred to as the
“website”), you accept and agree to be bound by these Terms and Conditions
including our Disclaimer and Privacy Policy posted on the website and
incorporated herein by reference.
The term “you” refers to anyone who uses, visits and/or
views the website. Dad Read It First (“company”, “I”, “we” or “us”) reserves
the right to amend or modify these terms and conditions in its sole discretion
at any time without notice and by using the website, you accept those
amendments. It is your responsibility to periodically check the website for
updates.
Your continued use of the website after posting of any
changes to our Terms and Conditions constitutes your acceptance of those
changes and updates. You must not access or use the website if you do not wish
to be bound by these Terms and Conditions.
AGE AND UNITED STATES USE ONLY
All information and content on this website is intended for
individuals over the age of 18. Children as defined in our Privacy Policy are
prohibited from using this website. We do not envision offering products or
services to individuals living in the European Union as outlined in the General
Data Protection Regulation. Additionally, we make no representation that the
information provided on the website including any products and/or services are
available or appropriate for use in other locations including but not limited
to the European Union as outlined in the General Data Protection Regulation.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal
information. Your acceptance of our Privacy Policy is expressly incorporated
into these Terms and Conditions. Please review our Privacy Policy for more
information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated
into these Terms and Conditions. Please review Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive your right to bring any legal claims,
now or in the future arising out of or related to the website and our
products/services. In the event of any dispute, claim or controversy arising
out of or relating to your use of this website, the terms and conditions shall
be construed in accordance with the rules and regulations of the state of South
Carolina and United States.
You agree to consent and submit to the jurisdiction of the
state and federal courts located in South Carolina without regard to the
principles of conflict of law or where the parties are located at the time a
dispute arises.
You agree to resolve any disputes or claims first through
mandatory arbitration in the state of South Carolina and shall bear the full
cost of arbitration as permitted by law. Your good faith participation in
arbitration is a condition precedent to pursuing any other legal or equitable
remedies available such as litigation or any other legal procedure. You also
agree that in the event a legal claim is initiated after the required
arbitration, the prevailing party shall be entitled to recover reasonable
attorney’s fees and other costs associated with the legal action.
INTELLECTUAL PROPERTY
All content on this website including but not limited to
text, posts, logos, marks, graphics, files, materials, services, products,
videos, audio, applications, computer code, designs, downloads and all other
information here (collectively, the “Content”) is owned by us and is protected
by copyright, trademark and other intellectual property and unfair competition
laws with the exception of any content from others that we are lawfully
permitted to use. You are granted a limited revocable license to print or
download Content from the website for your own personal, non-commercial,
non-transferable, informational and educational use only, while ensuring it’s
not in violation of any copyright, trademark, and intellectual property or
proprietary rights.
You agree not to copy, duplicate, steal, modify, publish,
display, distribute, reproduce, store, transmit, post, create derivative works,
reverse engineer, sell, rent or license any part of the Content in any way to
anyone, without our prior written consent. You agree to abide by the copyright,
trademark laws and intellectual property rights and shall be solely responsible
for any violations of these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display,
post, transmit, send, email or submit to us on the website or on any of our
social media sites, you warrant that you are the owner of that Content or have
express permission from the owner of those intellectual property rights to use
and distribute that Content to us.
You grant us and/or our officers, employees, successors,
shareholders, joint venture partners or anyone else working with us a
royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and
license to identify you, publish, post, reformat, copy, distribute, display,
edit, reproduce any Content provided by you on our website and on any of our
social media sites for any purpose. You shall be solely liable for any damages
resulting from any infringement of copyrights, trademark or other proprietary
rights of any Content or information that you provide to us.
You agree not upload, display, post, transmit, distribute,
send, email or submit to us on the website or on any of our social media sites
any information or Content that is-
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene,
libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a
criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to
spyware, computer virus, any kind of malicious computer software or any other
harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion
or feature of the website, and
(f) send unsolicited or unauthorized material or cause
disruption in the operation of the website. You agree to use the website for
lawful purposes only and shall be liable for damages resulting from violation
of any provision contained in these Terms and Conditions.
THIRD-PARTY LINKS
The website may contain links to third-party websites or
resources for your convenience. We may serve as an affiliate for some of these third-party
websites by offering or advertising their products or services on the website;
however, we do not own or control these third-party websites. Once you click on
a third-party link and leave this website, you are no longer bound by our terms
and conditions.
You agree that we are not responsible or liable for the
accuracy, content or any information presented on these third-party websites.
You assume all risks for using these third-party websites or resources and any
transactions between you and these third-party websites are strictly between
you and the third-party. We shall not be liable for any damages resulting from
your use of these third-party websites or resources.
TERMINATION
We reserve the right in our sole discretion to refuse,
remove, restrict your access, revoke and terminate your use of our website
including any or all Content published by you or us at any time for any reason,
without notice.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE
WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION,
MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO
WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS
OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE.
COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE
FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our
officers, employees, successors, shareholders, joint venture partners or anyone
else working with us shall be liable for any direct, indirect, incidental,
consequential, equitable, special, punitive, exemplary or any other damages resulting
from your use of this website including but not limited to all the content,
information, products, services and graphics presented here.
You expressly agree that your use of the website is at your
sole risk and that you are solely responsible for the accuracy of the personal
and any information you provide, outcome of your actions, personal and business
results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers,
employees, successors, shareholders, joint venture partners or anyone else
working with us shall not be liable to you for any damages resulting from 1)
any errors or omissions on the website, delay or denial of any products or
services, failure of performance of any kind, interruption in the operation and
your use of the website, website attacks including computer virus, hacking of
information, and any other system failures; 2) any loss of income, use, data,
revenue, profits, business or any goodwill related to the website; 3) any theft
or unauthorized access by third-party of your information from the website
regardless of our negligence; and 4) any use or misuse of the information,
products and/or services offered here.
This limitation of liability shall apply whether such
liability arises from negligence, breach of contract, tort or any other legal
theory of liability. You agree that we provide no express or implied guarantees
to you for the content presented here, and you accept that no particular
results are being promised to you here.
INDEMNIFICATION
You agree to indemnify and hold the Company and/or its
officers, employees, successors, shareholders, joint venture partners or anyone
else working with us harmless from all losses, claims, damages, demands,
actions, suits, proceedings or judgments, including costs, expenses and
reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise
incurred by you arising, in whole or in part, from: (a) actions or omissions,
whether done negligently or otherwise, by you, your agents, directors,
officers, employees or representatives; (b) all your actions and use of the
website including purchasing products and services; (c) violation of any laws,
rules, regulations or ordinances by you; or (d) violation of any terms and
conditions of this website by you or anyone related to you; e) infringement by
you or any other user of your account of any intellectual property or other
rights of anyone. Company will notify you promptly of any such claims or
liability and reserves the right to defend such claim, liability or damage at
your expense. You shall fully cooperate and provide assistance to us if
requested, without any cost, to defend any such claims.
ENTIRE AGREEMENT
These Terms and Conditions along with our Privacy Policy and
Disclaimer constitutes the entire agreement between you and us with respect to
this website. It supersedes all prior or contemporaneous communications,
discussions, negotiations or proposals we may have had with you whether
electronic, oral or written.
A printed version of this entire agreement including the
Privacy Policy and Disclaimer and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings with respect to this
website to the same extent and given the same effect as other business
contracts and documents kept and maintained in printed form.
SEVERABILITY
If any provision in
these Terms and Conditions is deemed by a court, regulatory authority or other
public or private tribunal of competent jurisdiction to be invalid or
unenforceable, such provision is deemed to have been omitted from this
Agreement. The remainder of this Agreement remains in full force and effect,
and is modified to any extent necessary to give such force and effect to the
remaining provisions, but only to such extent.
CONTACT
For any questions, please contact me at dadreaditfirst+termsconditions@gmail.com
