These Terms of Use (the “Terms”) constitute a legal agreement between you and me, Veronica Sanders, Palomar Mountain, USA ( “I”, “me”, “my”) and you the user (“you”) governing the use of my website, www.authorveronicasanders.com (my “website”).

 

1. GENERAL TERMS

   1. The provisions set out in these Terms govern your access to and your use of my website and shall constitute a legally binding agreement between you and me.

   2. I may change such terms from time to time and shall notify you accordingly if I do. If you do not agree to such terms, you must not use my website.

   3. I reserve the right to, without any notice, explanation, or liability, and in my sole discretion, refuse to allow you or suspend your access to my website at any time, or remove or edit content on my website or on any of my affiliated websites.

   4. I reserve the right to change, modify, suspend, or discontinue any portion of my website, my website or any other products, services, affiliated websites (including social media pages), and/or other software provided by me in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

 

1. INTELLECTUAL PROPERTY AND CONTENT OWNERSHIP

   1. All content included on my website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, effects, dialogues, slogans, places, characters, diagrams, concepts, audio-visual effects, domain names and any other elements which are part of the Content and website, individually or in combination) (“Content”), is my or other relevant third parties property.

   2. By continuing to use my website, you acknowledge that my Content is protected by applicable national and international intellectual property and other relevant laws.

   3. You may not reproduce, copy, distribute, store, or in any other fashion reuse Content and other material from my website unless otherwise indicated on my website or unless given express written permission to do so.

   4. The Content and website may contain certain licensed materials, and, in that event, my licensors may protect their rights in the event of any violation of these Terms. Any representation of these licensed materials in any way and for any reason is prohibited without our prior permission and, if applicable, my licensors and their representatives.

   5. Except as expressly set forth in these Terms, all rights not granted hereunder to you are expressly reserved by me.

   6. Subject to you agreeing to abide by these Terms, I hereby grant to you a revocable, non-exclusive, non-transferable, personal, and non-commercial license to use my Content included in my website on these Terms. This clause confers no title or ownership in the Content and website and should not be construed as a sale of any rights in the Content and website. You further agree your access and use of the Content included in my website is not contingent on the delivery of any future functionality or features or the delivery of any other services.

 

1. DISCLAIMER

   1. You expressly agree that your use of, or inability to use, my website is at your sole risk.

   2. My website is delivered to you 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

   3. I`m not responsible for your personal actions or choices before, during, or after using any of my website. You understand that any use of my website, suggestion, recommendation, or information is at your own risk, with no liability on my part. You accept full responsibility for your use, or non-use, of any information provided by me through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve me of any liability or loss that you or any other person may incur from your or their use or non-use of my website or information provided by me.

 

1. PROHIBITED USES

   1. You may use my website only for lawful purposes. You may not use my website:

      1. in any way that breaches any applicable local or international laws or regulations;

      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

      3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with my content standards as set out in my prevailing terms and conditions as amended from time to time; and

      4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

1. WARRANTIES

To the full extent permissible by law, I disclaim all warranties, express or implied, relating to my website or any products, including but not limited to implied warranties of merchantability and fitness for a particular purpose. I do not warrant that my website, my products, the related content, or electronic communications sent by me are free of viruses or other harmful components.

 

1. LIMITATION OF LIABILITY

   1. You agree not to use my website, products, and the related content for any resale purposes, and I have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, my website and Products or any other website or software) for:

      1. loss of profits, sales, business, or revenue;

      2. business interruption;

      3. loss of anticipated savings;

      4. loss or corruption of data or information;

      5. loss of business opportunity, goodwill or reputation; or

      6. any other indirect or consequential loss or damage.

   2. Nothing in these Terms shall limit or exclude my liability for:

      1. death or personal injury resulting from my negligence;

      2. fraud; and/or

      3. any other matter in respect of which I am prohibited under applicable law from limiting or excluding my liability.

   3. These Terms set out the full extent of my obligations and liabilities in respect of the supply of my website. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of my website and my website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law, or otherwise, is excluded to the fullest extent permitted by law.

 

1. INDEMNITY

You agree to indemnify and hold me harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages) and reasonable legal fees resulting from or arising out of your act, default, or omission, whether in your use of my website or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

 

1. BINDING ARBITRATION

   1. If we are unable to resolve a dispute through informal negotiations, the dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

   2. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in San Diego County, California and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA Website www.adr.org.

   3. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

   4. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.

   5. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.

 

1. CLASS ACTION WAIVER

The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers, potential customers, or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.

 

1. WAIVER OF JURY TRIAL

Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these Terms or the transactions contemplated hereby.

 

1. OTHER IMPORTANT TERMS

   1. I may transfer my rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.

   2. You may only transfer your rights or your obligations under these Terms to another person if I agree in writing.

   3. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.

   4. These Terms and any document expressly referred to in it constitute the entire agreement between me regarding their subject matter and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between me, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.

   5. If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only do so in writing, and that will not mean that I will automatically waive any later default by you.

   6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

   7. These Terms shall be governed by and construed in accordance with the laws of the state of California, without regard to its choice of law provisions.